Facts
While conducting a safety checkpoint on behalf of the Neshoba County Sheriff’s Department one afternoon in October 2022, Investigator Patrick Burt and Deputy Matthew Winstead noticed a truck attempt to avoid the checkpoint by pulling into a nearby driveway. Quickly realizing the driveway was gated off, the driver of the truck had to back up into the highway and then proceed down to the check point. When the truck approached the checkpoint, Deputy Winstead asked the male driver for his license, but he told the deputy he didn’t have one. From there, the deputy directed the driver to pull over so he could run his Social Security number. The driver was soon identified as Johnny Sublette. Discovering that Sublette had an active warrant in Lauderdale County, Deputy Winstead asked him to step out of the truck.
Three passengers remained inside the truck— a female and a male up front and a male sitting in the back seat. The female passenger was sitting in the front middle seat and was identified as Lindsey Rasbeery. While Deputy Winstead spoke with Sublette, Investigator Burt oversaw the remaining passengers and noticed that Rasbeery was extremely nervous and kept brushing her hair real frantically. After observing that Rasbeery kept reaching frantically when she saw the investigator in the window, Investigator Burt asked everybody to step out of the vehicle because she was making him extremely nervous, and he knew something was wrong.
Based on his observations, the investigator believed something had to have been illegal in the vehicle and asked Sublette for permission to search his truck. Sublette agreed. While looking inside the vehicle, Investigator Burt noticed a glass cylinder pipe that had been used in a purse and was sitting on the passenger floor board. Directly underneath the pipe, he noticed a baggy sitting inside the purse. Inside the baggy, the investigator observed a crystallized substance which he believed to be crystal methamphetamine. But once he picked up the baggy, he noticed there were several other baggies under the first. Investigator Burt later discovered a total of twenty baggies in the purse.
After ensuring he had the attention of all four passengers, the investigator then issued them Miranda warnings. Rasbeery acknowledged she understood those rights and agreed to speak with Investigator Burt. Although he and Rasbeery didn’t speak very much at all about the case, when the investigator asked whether she had any illegal items on her person, Rasbeery confirmed she did, and removed three glass cylinder pipes from her chest area inside the bra. She further acknowledged the purse found with the pipe on top was her purse.
Deputy Winstead also searched Sublette’s truck, where he discovered a handgun in the purse that was on the floorboard of the truck. When the deputy confronted Rasbeery about who owned the gun, she stated it was Mr. Chisolm’s gun. However, she acknowledged that she owned the purse. Rasbeery was subsequently indicted for possession of methamphetamine with an accompanying firearm enhancement.
Motion to Suppress
The State called Investigator Burt to the stand and elicited the following testimony:
The State: You testified you advised Rasbeery of her right to remain silent. Is it your testimony you advised them of all their rights?
Investigator Burt: Correct. All at one time. I made sure each individual — had their attention, and I read them their rights all at the same time.
The State: In addition to the right to remain silent, did you advise them that any statements they made might be used against them?
Investigator Burt: Correct.
The State: Did you advise them they had a right to speak to an attorney and have that attorney present during questioning?
Investigator Burt: Correct.
The State: Did you advise them that a lawyer could be appointed to represent them if they couldn’t afford one?
Investigator Burt: That’s correct.
The State: And did you advise them they could stop answering questions at any time?
Investigator Burt: Correct.
The State: Did Ms. Rasbeery acknowledge she understood those rights?
Investigator Burt: Correct.
The State: Did she agree to speak?
Investigator Burt: Correct.
The State: In your opinion, did she, in fact, understand her rights?
Investigator Burt: She did.
When asked whether he made any promises or threats towards Rasbeery before she made her statements or if she asked for a lawyer at any point, the investigator replied, “No.” Investigator Burt further clarified on cross-examination that he Mirandized all four of the truck’s occupants simultaneously because he had the driver’s attention at that time since Deputy Winstead was not speaking with the driver in that moment. When asked how close Rasbeery was to the investigator at the time her warnings were issued, the investigator stated, “Approximately 5 feet — 10 feet or less.”
The State called Deputy Winstead next. Much of Deputy Winstead’s testimony largely corroborated Investigator Burt’s testimony. On cross-examination, Deputy Winstead was asked whether Investigator Burt informed all four passengers of their rights or whether he only informed three. The deputy confirmed that he could hear him giving Miranda to them and that he also heard the passengers acknowledging they understood. For purposes of the suppression hearing, the State rested.
The defense then called Rasbeery to the stand. She testified that at no point during the checkpoint stop was she read her Miranda rights. Instead, Rasbeery disclosed that she was in the patrol car when the officer did it. She further testified that Deputy Winstead questioned her about the gun wanting to know why the gun was with the drugs, but reiterated that she was not advised of her Miranda rights before the deputy questioned her. During cross-examination, Rasbeery confirmed that she admitted to Investigator Burt that the purse found in the truck was hers. She further confirmed that the pistol found in the truck was hers, but she clarified that she had purchased it through someone else. When shown a photograph of the weapon and asked whether it was the gun officers found in her purse, Rasbeery responded, “I cannot tell if that [was] the gun . . . because it’s too blurry.” She further explained that she has “MRSA in [her] eyes, which causes [her] to be blind.” Nonetheless, she admitted to having a pistol in her purse but stated that “it was tan.”
Rasbeery also admitted to removing three pipes from her bra and giving them to the officers, but she testified that the three gentlemen in the truck handed them to me and told me to please put them in my bra because I was a female and they could not search me. When asked whether she was aware of the methamphetamine in her purse, Rasbeery denied that she was, alleging the men in the truck must have slipped it into her purse when the driver pulled off the road “because they told me to pay attention to what was in front of me and just sit there and shut up.”
The Trial
Investigator Burt’s testimony focused largely on the safety checkpoint he and Deputy Winstead conducted “on Highway 492 and Road 701” and his subsequent interaction with Rasbeery. The investigator testified that during the stop, he noticed the middle passenger, Ms. Rasbeery, was extremely nervous. He observed, Ms. Rasbeery reaching on the hood and on the dashboard and under the seat area between her and the passenger. Investigator Burt explained to the jury that not only was this making him extremely nervous, but it led him to believe something had to have been illegal in the vehicle. After asking everybody to step out of the vehicle and obtaining consent from Sublette to search his truck, the investigator took them to the rear of the vehicle and then he proceeded to look around the vehicle.
During his search, he saw a glass cylinder pipe that was sitting on the passenger floor board. When asked whether the purse was open or closed, the investigator responded that the purse was sitting there open and that he could clearly see the pipe sitting there. Based on his experience, Investigator Burt recognized pipes are commonly used to smoke methamphetamine. Directly underneath the pipe and inside the purse sat a baggy, where the investigator observed a crystallized substance he believed to be crystal methamphetamine. He disclosed that after he picked up the first baggy, he noticed there were several other baggies underneath. After preserving the evidence, Investigator Burt testified that he returned to the back of the truck where the occupants were and read all four subjects their Miranda rights.
Next, the jury heard from Deputy Winstead, who corroborated much of the investigator’s testimony. The deputy testified that during his search of the vehicle, he discovered a handgun in the purse that was on the floorboard of the truck. Because the gun had been spray painted black and blue, Deputy Winstead disclosed that not only was he unable to find a serial number, but he was unable to get a make or model off of the gun. When the deputy confronted Rasbeery about who owned the gun, she stated it was Mr. Chisolm’s gun. However, she acknowledged that she owned the purse.
Josh Jolly, the narcotics investigator for the Neshoba County Sheriff’s Department, testified for the State next. He testified that he interviewed Rasbeery twice the day following her arrest after she was re-informed of her rights. Investigator Jolly confirmed that Rasbeery said she understood what her rights were and agreed to talk to him. She further stated she did not want a lawyer at that time and signed the department’s Miranda form documenting her waiver.
During the first interview, Investigator Jolly disclosed that Rasbeery admitted that the firearm was hers but stated that the methamphetamine was not. He told the jury that she claimed if she did have meth on her, that she always keeps it inside a clear bag with green skulls on the baggy. Later that same day, Rasbeery was interviewed for a second time. Investigator Jolly testified that he advised her of her Miranda rights again, and again Rasbeery signed the department’s Miranda form, acknowledging she understood and waived those rights. In her second interview, Rasbeery reiterated that the firearm was hers and that she kept it for protection. But this time, she also admitted that she was aware she had methamphetamine in her purse, claiming one of the truck’s passengers brought her an ounce and was forcing her to help him sell the meth.
When asked to look at the twenty different baggies and whether any had particularly unique markings, Investigator Jolly acknowledged that there was a clear ziploc baggy with green skulls on it that Ms. Rasbeery stated if something was hers, it would be in that type of bag.
The jury found Rasbeery guilty of possession of methamphetamine and the accompanying firearm enhancement. She was sentenced to 25 years in the custody of the Mississippi Department of Corrections, with 5 of those years suspended and 20 years to serve, followed by 5 years of post-release supervision. Rasbeery appeals. MCOA affirms.
Analysis
A. Constructive possession of methamphetamine
Specifically, she contends that because the twenty baggies of methamphetamine at issue in this case were not found in her actual, physical possession, the “State was required to show that she exercised dominion and control over more than ten grams of methamphetamine.”
A presumption of constructive possession arises when the defendant owns or controls the premises where the contraband is found. Investigator Burt and Deputy Winstead both testified Rasbeery admitted it was her purse that held the 20 baggies of methamphetamine. She also admitted the handgun belonged to her. The investigator also told the jury that Rasbeery was frantically reaching all over the front of the truck, including under the seat area between her and the passenger. Notably, that same purse was found shortly after by Investigator Burt sitting on the passenger floor board with a glass cylinder pipe inside of it.
Moreover, Investigator Jolly said Rasbeery specifically told him she always keeps her meth inside a clear bag marked with green skulls on the baggy. One of the 20 bags in her purse matched this description. She also confessed that she was aware she had “an ounce” of methamphetamine in her purse. Lastly, forensic testing revealed that the crystallized substance found in the baggies was categorically methamphetamine.
Indeed, to establish possession, the State was required to produce evidence that Rasbeery (1) was aware of the presence of methamphetamine, (2) was aware of the character of the methamphetamine, and (3) was consciously and intentionally in possession the methamphetamine. Given these facts, a rational juror could find that Rasbeery constructively possessed methamphetamine. Therefore, we find the evidence was sufficient to prove each essential element of possession of methamphetamine beyond a reasonable doubt.
B. Motion to suppress
Rasbeery claims that the trial court should have suppressed her statements that the purse and the gun found in the truck belonged to her because she was not informed of her Miranda rights until she was already in the patrol car and on the way to the jail.
The trial court held a suppression hearing and heard testimony from Investigator Burt, Deputy Winstead, and Rasbeery. Despite Rasbeery’s claims that she did not receive Miranda warnings before speaking with law enforcement, Investigator Burt testified he ensured he had her attention before he began issuing her rights. He further testified that Rasbeery verbally acknowledged that she understood those rights, but chose to speak with him anyway. He disclosed that at no point during their interactions did she ever ask for a lawyer or communicate that she did not wish to speak with him any longer. When he issued Rasbeery her Miranda rights, the two were within 5 to 10 feet of one another, or less. Investigator Burt denied ever threatening her or making her any promises.
Deputy Winstead testified that not only could he hear the investigator issuing Rasbeery her Miranda rights, but that he could hear Rasbeery acknowledge that she understood those rights.
After finding both officers’ testimony to be substantially similar in nature, the trial court found that the believability of the witnesses presented by the State is more than that of the defendant, and the trial court denied the defense’s motion to suppress Rasbeery’s roadside statements.
As such, we find there is substantial credible evidence in the record to support the trial court’s denial of the motion to suppress. Therefore, we find the statements were properly admitted.