Facts
On May 31, 2021, Eric Lamont Turner and his wife, Venise Brown, engaged in a day-long verbal altercation. The Tupelo Police Department was dispatched numerous times to 2000 Nell Street where the couple lived. The second time police answered the call, Brown told them that Turner had a weapon in the trunk of his car. Turner consented to the search of his car.
The police did not locate a weapon in the trunk and, instead, found only a single bullet in a shoebox. The officers left the scene but returned a few hours later when dispatched again. The officers advised Turner and Brown that it would be best that they separate that day to calm down, and Turner proceeded to leave in his car. As Turner was pulling out of the driveway, Brown told police that this time Turner had threatened her with a gun. Brown also told the officers that she saw Turner place drugs and the gun behind the radio in his car.
Based on this new information, Officer Kevin Cook left the scene and followed Turner to a gas station, as revealed by the body-camera footage. Cook pulled Turner over when he failed to use his turn signal. Officer Jeremey Montgomery arrived and assisted with the stop. Cook informed Turner of the new information they had received and told Turner they were going to search the vehicle. According to Cook, Turner did not object and gave no response. Cook “removed” Turner from the vehicle and searched Turner’s car for a second time without a warrant. Cook pressed a button in the control panel to lift the radio and discovered a bag of methamphetamine pills, and behind it was a Jennings Model 38 pistol. Cook arrested Turner as a result of the search, and Montgomery seized the contraband.
Without a hearing, the trial court ruled on Turner’s motion to suppress. In its order, the trial court pointed out that although Turner moved to suppress “any and all illegally obtained evidence,” he failed to actually describe any such illegally obtained evidence. The court found that Cook had probable cause to initiate the traffic stop and search the vehicle because officers were informed that Turner, a known felon, was in possession of a gun and drugs, citing MSC Cole.
In trial, on cross-examination, Cook again recounted the events leading to Turner’s arrest, and his counsel challenged whether Turner actually consented to the search after the traffic stop. Cook stated that he perceived Turner’s lack of response during the traffic stop as implied consent. Turner’s counsel also entered the incident report into evidence and pointed out that Montgomery, who seized the contraband, was not mentioned in the report. Cook confirmed that Montgomery recovered the drugs and gun from Turner’s vehicle. When asked why Montgomery’s name was not mentioned in the report, Cook blamed himself, saying that he may have been just lazy. On redirect, the State introduced the gun to be entered into evidence. Turner’s counsel objected and renewed his motion to suppress “both the gun and the drugs.” The trial court again denied Turner’s motion to suppress.
On direct examination, Montgomery testified that he was also dispatched to Turner’s house with Cook. He confirmed that Brown told them that Turner had put the gun and drugs behind the radio. Cook left first, and Montgomery arrived moments after Cook had stopped Turner. Montgomery said he secured the gun and drugs while Cook handcuffed Turner. Montgomery gave the contraband to Cook and checked Turner’s criminal history, which revealed that he had been convicted of a felony. The State then played Montgomery’s body-camera footage from the incident.
Turner did not testify or put on any defense. The jury deliberated and found Turner guilty of one count of possession of methamphetamine greater than twenty dosage units but less than forty dosage units and one count of being a felon in possession of a firearm. Turner was sentenced to serve two consecutive terms of life in prison in the custody of the MDOC (habitual offender).
On appeal, Turner advised the evidence should have been suppressed. MCOA affirmed.
Analysis
Turner claims that law enforcement lacked the requisite probable cause for a warrantless search because Brown’s tip lacked reliability. Particularly, Turner points out that Brown’s initial statement that Turner had a gun in the trunk of his car was incorrect. The State counters that Brown’s tip was in fact reliable given the totality of the circumstances. Specifically, the State argues that after the first search, Brown later learned where Turner had actually hidden the contraband and informed the police. Accordingly, the State claims that the search was based on a reasonable suspicion that Turner was committing criminal activity and the search was reasonably related to the information about where the contraband would be found.
Probable cause exists where the facts and circumstances within the arresting officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. See MCOA Turnage. Further, police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it may conduct a warrantless search of the vehicle as thorough as a magistrate could authorize by warrant (See MSC Franklin v. State, 587 So. 2d 905 (Miss. 1991)). Additionally, when probable cause justifies the search of a vehicle which the police have lawfully stopped, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search. See MCOA Austin.
In its order denying Turner’s motion to suppress, the trial court found probable cause for the stop and the search, stating: “Here, officers were informed that Defendant—a prior convicted felon—was in possession of a firearm and drugs. Officer Cook also observed him commit a traffic violation. This provided probable cause (a burden higher than reasonable suspicion) to initiate the traffic stop and search the vehicle.”
This Court agrees that the stop and the search were valid. Cook testified that he stopped Turner for a traffic violation. As a general rule, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. See MCOA Austin. Cook also testified that law enforcement received multiple calls to Turner’s residence. At one point, Brown told them Turner was hiding a gun in the trunk of his car. During the search of the trunk, which Turner consented to, they noticed a bullet in the box where Turner’s wife, Brown, said the gun should have been, indicating Turner may have had a gun. Further, Turner allegedly threatened Brown with the gun, and Brown allegedly saw Turner hide the gun behind the radio in the vehicle. The body-camera footage reveals that Brown gave this new information to Cook. Turner had just left the area, and Cook followed him on the belief that Turner, who allegedly threatened Brown with a gun, was also in possession of illegal drugs. With the information given, Cook had probable cause to stop Turner’s vehicle and search it. Accordingly, we find that the trial court’s ruling was supported by substantial credible evidence, and the trial court did not err by denying Turner’s motion to suppress.