State v. Jones

204 S.W.3d 287, 2006 Mo. App. LEXIS 1400, 2006 WL 2709274
CourtMissouri Court of Appeals
DecidedSeptember 22, 2006
Docket27120
StatusPublished
Cited by12 cases

This text of 204 S.W.3d 287 (State v. Jones) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jones, 204 S.W.3d 287, 2006 Mo. App. LEXIS 1400, 2006 WL 2709274 (Mo. Ct. App. 2006).

Opinion

JEFFREY W. BATES, Chief Judge.

Ricky Jones (Defendant) was charged by information with the commission of two crimes: (1) Count I — the class B felony of possession of methamphetamine, a controlled substance, in violation of § 195.285; and (2) Count II — the class D felony of unlawful use of a weapon for knowingly carrying a cane sword in violation of § 571.030. 1 After a bench trial, Defendant was convicted on Count I and acquitted on Count II. The court imposed a three and one-half year sentence on the drug-possession offense. Execution of the sentence was suspended, and Defendant was placed on probation for five years.

On appeal, Defendant contends that his conviction should be reversed for two reasons. First, he argues the trial court erred in overruling a motion to suppress evidence seized during a search of Defendant’s truck because that evidence was discovered only after Defendant had been detained longer than necessary to complete a routine traffic stop. Second, he argues the trial court abused its discretion by admitting the crystal substance seized from his truck, as well as the opinion testimony and a laboratory report concerning this substance, because the State failed to establish a proper chain of custody. Finding no merit in either argument, we affirm.

Point I — Motion to Suppress Evidence

Prior to trial, Defendant’s attorney filed a motion to suppress all evidence seized during the search of Defendant’s truck. The State bore the burden of proving by a preponderance of the evidence that Defendant’s motion to suppress should be denied. State v. Mack, 66 S.W.3d 706, 708 (Mo. banc 2002); § 542.296.6. The trial court decided to hear the motion to suppress simultaneously with the State’s case-in-chief. In a post-trial ruling, the court denied the motion.

In Defendant’s first point on appeal, he contends the court’s ruling on the motion to suppress was in error because the evidence seized during the search of *290 Defendant’s truck was discovered only after Defendant had been detained past the time necessary for a reasonable investigation of a routine traffic stop and in the absence of specific or articulable facts to support an objectively reasonable suspicion of Defendant’s involvement in further criminal activity. On appellate review, we view the evidence in a light most favorable to the court’s ruling and disregard all contrary evidence and inferences. State v. Williams, 97 S.W.3d 462, 469 (Mo. banc 2003); State v. Galazin, 58 S.W.3d 500, 507 (Mo. banc 2001); State v. Kinkead, 983 S.W.2d 518, 519 (Mo. banc 1998). The facts set out below are recounted in accordance with this principle.

On July 19, 2003, Trooper Steven Jones (Jones) was on patrol in Lawrence County, Missouri. He was accompanied by Missouri Liquor Control Agent Nick Huckstep (Huckstep). Jones had made a high number of D.W.I. arrests and encountered other liquor violations in certain parts of the county, so Huckstep was riding along to assist in enforcement and follow-up.

At approximately 1:00 a.m., Jones and Huckstep were traveling westbound on Highway 60 near Marionville. As Jones approached the intersection of Highway 60 and Highway 265, a primer-gray truck pulled out from Highway 265 and entered the eastbound lane of Highway 60. As soon as the truck began facing toward Jones’ patrol car, the driver suddenly made a sharp, right-hand turn off of Highway 60 without using his turn signal. The driver entered a parking lot where a gas station and a Dairy Queen were located. Neither business was open at the time, and there were no other cars on the lot. Moreover, the driver had just driven past another entrance into the same parking lot on Highway 265. The driver’s actions were unusual and seemed to indicate an intention to avoid Jones’ approaching patrol car by entering a private parking lot.

At 1:01 a.m., Jones activated his emergency lights and entered the parking lot. 2 Instead of stopping immediately, the truck continued to curve slowly to the right for a short time before coming to a complete stop. Jones found this behavior unusual and, based on his prior experiences with other motorists, he suspected the driver was hiding something inside the truck.

When Jones approached the truck, he noticed a strong, odd smell that could have been from an alcoholic beverage. The driver produced his license, which identified him as Defendant, and his vehicle registration and insurance card. When asked about his destination, Defendant replied that he was on his way home. Jones asked Defendant if he had been drinking, which he denied. When Jones inquired about the strong odor in the truck, Defendant said he had just recently put on cologne. In Jones’ past experience, strong odors of cologne had been used to mask the scent of marijuana in an automobile.

At Jones’ request, Defendant got out of his truck and sat down in the front passenger’s seat in the patrol car. Huckstep stood outside of the car by the passenger door. Defendant was cooperative, but he appeared abnormally nervous. Defendant’s eyes were watery and bloodshot. He looked straight ahead and avoided making eye contact with Jones when answering his questions. Jones administered *291 a portable breath test to Defendant, but the result was negative. At that point, Jones no longer suspected Defendant was intoxicated by alcohol or drugs. Thus far, the traffic stop had lasted about three and one-half minutes.

Jones requested a full check on Defendant and his vehicle registration from the Missouri State Highway Patrol (MSHP) dispatcher. Jones’ decision whether to issue a warning instead of a citation would depend on what he learned from the dispatcher. While waiting on a response, Jones began filling out a racial profiling form. This is a required form which must be prepared after each traffic stop. Due to Defendant’s watery and bloodshot eyes, the strong odor in the truck, his heightened nervousness and his apparent effort to avoid Jones by veering off the roadway into the empty parking lot of a closed business, Jones asked Defendant if he had any weapons, drugs, alcohol or illegal items in his truck. Defendant denied having anything illegal. When Jones asked for permission to search the truck, Defendant said there was nothing to find in there, and his attorney had told him not to let people search his car. At this point in the conversation, the dispatcher reported back that Defendant had several prior traffic offenses, including speeding and driving while suspended or revoked. The dispatcher also indicated that she had additional information to relay. By this time, the traffic stop had lasted approximately six and one-half minutes.

While waiting on the dispatcher, Jones and Defendant talked about the nature of the prior cases in which Defendant had been represented by an attorney and where that attorney was located.

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Bluebook (online)
204 S.W.3d 287, 2006 Mo. App. LEXIS 1400, 2006 WL 2709274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-moctapp-2006.