Facts
On Saturday, November 28, 2020, Jackson County Sheriff’s Deputy Jonathan Rayner stopped Jason Days, a thirty-five-year-old resident of Mobile, Alabama, for an obstructed license plate. Rayner approached the vehicle, informed Days of the reason for the stop, and asked for his license, registration, and insurance information. Rayner stated that he immediately detected the odor of marijuana and observed that Days appeared “extremely nervous” and avoided eye contact, and his hands were shaking. When Rayner initially asked Days whether he had any weapons in the vehicle, Days avoided the question. Rayner repeated the question, and after looking down, Days “mumbled something to the effect of no.”
Rayner then returned to his vehicle and verified Days’ license and insurance, which revealed no issues. Rayner walked back to Days’ vehicle and asked him to step out, intending to conduct a vehicle search based on the marijuana odor. As Days exited his vehicle, Rayner noticed a bulge on Days’ right hip, which he suspected was a firearm. Rayner escorted Days to the front of the patrol vehicle, told him to spread his legs, and began to prepare him for a body pat-down. While conducting the pat-down, Days told Rayner that he was carrying a knife. Days then removed the knife and his phone from his pockets and placed them on the hood of the patrol car. Rayner responded, “That’s cool, man. Do you have a gun on you?” Days replied, “No, sir.”
Rayner then discovered an empty gun holster on Days’ hip. Rayner asked, “Where’s the gun at, man?” When Days did not respond, Rayner repeated the question. Still, Days did not tell Rayner that he had a gun. Rayner then handcuffed Days and told him, “You’re being detained, not arrested.” With Days handcuffed and standing at the patrol car, Rayner told Days he was being “finicky” and asked, “Who carries a holster without a gun?” Again, Rayner asked Days where the gun was, and Days repeated that he did not have a gun in the car. Rayner responded, “Be straight with me. It’s a simple traffic stop—illegal tag—no big deal. I’ll give you a verbal warning for that.”
Then, Rayner shifted the topic from the location of a firearm to the possession of marijuana. Rayner told Days that he could “smell the marijuana” and asked him “how much weed is in the vehicle.” Days admitted that he had a “blunt in the ashtray.” Rayner continued questioning Days, again telling him to “be straight with me” and warning Days that if he lied and anything illegal besides marijuana was found on him, Rayner would take him to jail.
Once again, Rayner questioned Days about the location of the gun. Rayner told Days that it was legal to have a gun if he wasn’t a convicted felon and it wasn’t hot. After Rayner asked Days if the gun was under the seat, Days admitted that it was. Days went on to explain that the gun was not stolen, saying, “I just ain’t really supposed to have it. I got in a little trouble about fifteen years ago when I was a teenager, sir. And I haven’t gotten cleared for it.” Rayner furthered his questioning, clarifying whether Days was a felon. Days confirmed that he was, but he also explained that although he was “convicted,” he had “only been to jail—never been to prison—hadn’t been to jail in years, not on probation,” and that he had legally purchased the firearm in his own name at a gun show with no issue.
Rayner asked dispatch to run a “Triple I” to confirm if Days was a felon. His stated reason was for officer safety because Days said that he was a felon. However, dispatch would not complete this check. Days remained handcuffed as Rayner went to Days’ vehicle to retrieve the handgun, which had been placed under the passenger seat. After finding the weapon, Rayner placed a follow-up call to the sheriff’s department to ask why dispatch would not run the Triple I for officer safety.
Rayner returned to Days and asked, “Where’s the weed at,” and “Did you say it’s just a blunt in the ashtray?” Days asked Rayner, “Am I going to jail, sir?” Rayner replied, “Not at this time man. You’re still being detained.” Again, Rayner patted-down Days and requested consent to search the car. Days denied consent. Rayner walked away from Days and toward Days’ vehicle, stating into his radio that he had probable cause. Rayner proceeded to the driver’s side of the vehicle and started searching the door storage pocket. Days was able to retrieve his cell phone and make a phone call to inform another party of the stop by police, though he remained handcuffed. Days told the person on the phone, “I’m in Mississippi. They finna lock me up.” Rayner continued to search the vehicle, next checking the center console, where he found a clear plastic bag containing a “white powdery substance.” (this was determined to be methamphetamine). Rayner returned to Days, who remained handcuffed, and asked him what was the substance inside the bag. Days told the caller, “Let me call you right back,” and he responded to Rayner that it was ecstasy (this turned out to be caffeine pills). Days remained on the call, and after seeing the baggie, he stated to the caller, “These folks are about to take me to jail.”
Rayner asked Days if he had anything else on him, stating that additional items (contraband) on him would result in additional charges. Days stated that he did not have anything else on him, but he asked Rayner to get everything from his pockets. Rayner further searched Days’ person, confiscated his cell phone, and placed Days in the back of the patrol vehicle. Rayner continued to search Days’ vehicle, ultimately recovering less than an ounce of what appeared to be marijuana and some pills.
Days remained in custody over the weekend without a bond. Deputy Henry Frank, a narcotics agent and member of the South Mississippi Metro Enforcement Team, took the lead on the investigation and interviewed Days. Frank read Days his Miranda rights. Days verbally confirmed that he understood his rights and agreed to continue speaking with law enforcement without counsel present. Days explained that he had traveled across the Alabama state line to place a new sports-betting slip at the IP Casino in Biloxi. Further, Days explained that he owned the confiscated gun, that he had legally purchased the gun from a gun show in Alabama, and that it was registered in his name. Days explained that his youthful offender status application concerning his previous crimes in Alabama had been denied. He then discussed his criminal history in Alabama, his purchase of the firearm, and how he acquired the white powdery substance he believed to be crushed ecstasy pills.
At trial, the State called Deputy Rayner as its first witness. He testified about the traffic stop and the subsequent investigation. The State admitted into evidence the handgun, a photograph of the methamphetamine, and Rayner’s body-camera footage, which captured Days’ multiple incriminating statements while he was detained. Defense counsel did not object to the admission of this evidence. On cross-examination, defense counsel questioned Rayner about whether Days was in custody during the roadside questioning. Rayner ultimately admitted that Days was not free to leave during the questioning because he was detained; however, Days was not under arrest, meaning he was not going to jail. He also stated that all of the contraband was found after Days made incriminating statements while detained.
The jury found Days guilty of both counts. The court sentenced Days to sixteen years, with twelve years to serve and four years of post-release supervision, for possession of methamphetamine with the firearm enhancement, and ten years to serve for felon in possession of a firearm, with the sentences set to run concurrently. Days appealed, contending that the trial court erred when it refused to consider his pretrial motion to suppress. MCOA affirmed.
Analysis
(Legally, Days did not timely file a motion to suppress or object timely at trial. Thus, he waived these arguments. However, MCOA went on to talk about the issue for plain error so that is presented below).
Moreover, the obstructed tag gave Rayner probable cause to stop Days’ vehicle. See Miss. Code Ann. § 27-19-31 (Rev. 2017). Additionally, the odor of marijuana implicated the plain-smell doctrine, which is recognized in Mississippi, and provided Rayner with probable cause to search the vehicle. (The MSC has correlated ‘plain smell’ to the plain view doctrine, holding that the sense of smell is no less trustworthy than the sense of sight.). Even without Days’ statements, during the vehicle search, Rayner would have discovered the firearm and the 4.9 grams of methamphetamine. In addition, Days did not challenge the admission or use of that evidence by not objecting when the evidence was used against him during the trial proceeding. The evidence secured during the custodial interrogation, i.e., after he was read his Miranda rights, which was presented to the jury, was sufficient to convict Days. Accordingly, based on the facts and the record before us, we find Days’ plain-error argument without merit.
MCOA stated in a footnote: In this case, the better approach by Rayner would have been to give Days his Miranda rights upon his reasonable suspicion that Days possessed drugs or a gun.
Note: Remember that Miranda = custody + interrogation. Custody for Miranda purposes: arrest or otherwise deprived of freedom of action in any significant way of degree associated with formal arrest.