Preview:

IN THE SUPREME COURT OF MISSISSIPPI NO. 95-KA-00820-SCT STACY LEROY ROBINSON v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 08/10/95 HON. MARCUS D. GORDON NEWTON COUNTY CIRCUIT COURT JOHN M. COLETTE OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART KEN TURNER CRIMINAL - FELONY REVERSED AND REMANDED - 8/14/97 9/5/97

DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE PRATHER, P.J., BANKS AND SMITH, JJ. SMITH, JUSTICE, FOR THE COURT:

Stacy Leroy Robinson prays for relief from the judgment of the Newton County Circuit Court which found him guilty of possession of methamphetamines and possession of marijuana. Robinson alleges that the trial court erred (1) in finding that the inspectors of the Public Service Commission did not go outside their statutory authority to conduct a search of his truck and find drug paraphernalia; and (2) in not suppressing the drugs found in his possession under the Fruit of the Poisonous Tree Doctrine. This Court finds that (1) inspectors of the Mississippi Public Service Commission went beyond their statutory authority in searching for drugs without sufficient evidence thereof, and (2) the drugs found on the Robinson's person should have been suppressed as the fruit of the poisonous tree. Accordingly, we reverse and remand this case to the Newton County Circuit Court. FACTS Stacy Leroy Robinson was randomly stopped by inspectors of the Mississippi Public Service

Commission while driving his eighteen wheeler on Interstate 20 through Newton County. The inspectors were to ostensibly perform a level two inspection of the driver and truck to insure compliance with all applicable state and federal laws. During the course of a level two inspection, which appears to be a basic safety inspection, the inspectors routinely check for such things as a valid commercial driver's license, an up-to-date and orderly truck's log, a fire extinguisher, does not have exhaust leaks into the cabin of the truck, and that the truck has a working speedometer, etc. Inspector Parks checked Robinson's personal credentials while Inspector Morgan, a former agent of the Mississippi Bureau of Narcotics and the Meridian Police Department, checked the vehicle itself. Morgan testified that he asked Robinson for permission to search the vehicle. However, after reading Morgan's testimony regarding the consent to search, Morgan got nothing more than a consent to look in the vehicle, pursuant to his inspection. Morgan testified that he did not need Robinson's permission to look in the vehicle pursuant to a Level Two inspection, but asked because he was "just being nice." Further, although Morgan had consent to search forms with him, he never received Robinson's written consent to search the truck. After climbing into the cab of the truck, Morgan noticed several dozen plastic bags strewn about the front of the truck. He then suspected the presence of drugs. Morgan did not inspect the bags, but did send them to the crime lab as non-drug evidence. Morgan then went into the sleeper berth of the truck, which is just behind the front seats. His reason for going into that area is that he was searching for exhaust leaks into the cabin area. The inspector is able to detect exhaust leakage because black smoke will char onto the bottom of the mattress in the sleeper area. When Morgan lifted up the mattress, he saw a bank bag between the mattress and the front bunker head of the sleeper approximately four feet behind the driver's seat. Morgan was unsure if the bag was open or closed, while Robinson testified unequivocally that the bag was closed. Morgan also stated that he opened the bag if it was closed, and that his purpose for touching the bag at all was that he was searching for drugs. Morgan stated that he searched the bag pursuant to the consent he received from Robinson prior to beginning his inspection. However, when asked on cross-examination about his reasoning for not getting a consent form signed prior to doing a search, Morgan stated that he only planned to look in the truck for safety violations. Morgan then admitted that he had only asked for, and ostensibly received, permission to look inside the truck pursuant to his safety inspection. It was also Morgan's testimony that nothing was sticking out of the bag. However, he proceeded to look in the bag, at which time he found cooking utensils in the form of a butane lighter, glass test tubes with methamphetamine residue which were wrapped inside blue paper, a razor blade, and a cleaning brush. At that time, Morgan left the truck and placed Robinson under arrest for the possession of drug paraphernalia. Upon searching Robinson's person incident to arrest, the officers discovered a small amount of marijuana as well as some methamphetamine powder. At the suppression hearing during the trial, the judge found that the search of the truck was an inspection, and that the discovery of the items (plastic bags) strewn about the vehicle led to the discovery of the money bag and the search of the money bag, resulting in the further frisk of the defendant, a pat down and retrieving further drugs. He, therefore, overruled the motion to suppress the drugs and paraphernalia. These were admitted into evidence, and Robinson was subsequently convicted of possession of marijuana and possession of methamphetamines.

Aggrieved, Robinson appeals. ISSUES I. WHETHER THE TRIAL COURT ERRED IN FAILING TO FIND THAT THE PUBLIC SERVICE COMMISSION INSPECTORS HAD EXCEEDED THE SCOPE OF THEIR AUTHORITY IN SEARCHING FOR DRUGS AND ARRESTING ROBINSON FOR DRUG VIOLATIONS. Robinson argues that the powers of inspectors of the Public Service Commission are limited by statute. As a result they are not empowered to make arrests for drug offenses or to conduct any type of drug inspections outside their limited powers. For its part, the State argues that Morgan acted within his authority because Mississippi statutory law empowers inspectors to arrest for violations of the rules of the Mississippi Public Service Commission. The State explains that Robinson violated the rules and regulations of the Public Service Commission when he drove the motor carrier while simultaneously possessing amphetamines. The duties of the Public Service Commission are set out in Miss.Code Ann.

Download Stacy Leroy Robinson v. State of Mississippi.pdf

Mississippi Law