Battle v. Cooper, 2010–CP–00530–COA.

• Decision Date: 30 August 2011
• Docket Number: No. 2010–CP–00530–COA.,2010–CP–00530–COA.
• Citation: 69 So.3d 82
• Parties: Aundre BATTLE, Appellantv.Tony COOPER, Todd Hudson and City of Indianola, Mississippi, Appellees.
• Court: Mississippi Court of Appeals

69 So.3d 82

Aundre BATTLE, Appellant

v.Tony COOPER, Todd Hudson and City of Indianola, Mississippi, Appellees.

No. 2010–CP–00530–COA.

Court of Appeals of Mississippi.

Aug. 30, 2011.

Aundre Battle, appellant, pro se.Office of the Attorney General by Lisa L. Blount, attorney for appellees.Before GRIFFIS, P.J., BARNES and ROBERTS, JJ.BARNES, J., for the Court:

¶ 1. After being stopped by the Indianola Police Department for suspicion of dealing illegal narcotics, Aundre Battle resisted arrest and appeared to swallow what police believed to be contraband. Other illegal narcotics were found on the scene, along with a firearm. Battle was taken into custody, and after a more thorough search, Battle again became combative and swallowed something hidden on his person. Battle requested medical attention and was taken to a local hospital, where he was examined and quickly released back into custody.

¶ 2. Battle filed a complaint with the Indianola Police Department, alleging simple assault against two of the arresting officers, Officer Tony Cooper and Officer Todd Hudson. After a hearing on the complaint, the Sunflower County Circuit Court judge found no probable cause existed to issue warrants for the arrest of the two officers for assault. Battle appeals, and the State, in response, has filed a motion to dismiss the appeal. Finding that Battle's appeal is not from an appealable order and was untimely filed, the State's motion is granted, and the appeal is dismissed.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 3. On December 17, 2008, Battle was sitting in a black Cadillac outside of a residence at 111 Torino Drive in Indianola, Mississippi. Responding to a tip that Battle had been selling illegal narcotics, several officers from the Indianola Police Department arrived at the address and ordered Battle out of the vehicle. Battle complied, but the police noted that his hands were balled into fists, as if he were concealing something. Battle refused to obey orders to unclench his fists. Instead, Battle attempted to flee but was wrestled to the ground by several police officers. While Battle was on the ground, Officer Cooper observed him opening his hand, putting his hand to his mouth, and chewing something. Battle was ordered to spit the item out, but he told the officers that he had swallowed the item. Marijuana was found in Battle's coat pocket, and crack cocaine and a firearm were found in the vehicle. Battle was taken into custody and transported to the police station. He was arrested for possession of a firearm by a felon, possession of cocaine, possession of marijuana, resisting arrest, open container, and for driving with a suspended driver's license (first offense).

¶ 4. Once at the police station, Officer Cooper noted Battle was walking oddly, indicating to the officer that Battle might have more contraband hidden on his person. A strip search was conducted, and Battle became aggressive. With his back turned, Battle again appeared to put something in his mouth. Battle continued to resist the officers, who were unable to retrieve the item. Officer Mary Nolden entered the room, asked Battle to stop resisting, and he complied. Battle then admitted that he had swallowed drugs and requested medical attention. He was transported to the hospital.

¶ 5. The hospital report showed that Battle had a “normal bowel gas pattern” but that he refused to confirm to the medical staff whether he had ingested any illegal substances. The report further stated that Battle had no fractures and appeared to have only some minor bruises and abrasions likely “from the altercation.” He was released into police custody with only some over-the-counter pain-relief medication given. Battle went back to the emergency room two days later complaining of eye redness and blurry vision. He was given more pain relievers and eye drops.

¶ 6. On December 22, 2008, Battle filed a complaint with the Indianola Police Department against Officers Cooper and Hudson, alleging that the officers had assaulted him for no reason and refused to provide him with prompt medical attention once in custody. On April 9, 2009, the circuit court conducted a hearing to determine if probable cause existed for the issuance of arrest warrants for the two officers for simple assault pursuant to Mississippi Code Annotated section 99–3–28(1)(a) (Rev.2007). Battle testified at the hearing that the officers “just pulled up and started snatching on me and stuff like that, choking on me and stuff.” He also claimed that no drugs were found in his car and that he did not swallow anything. He also stated that he was choked and assaulted again at the police station.

¶ 7. However, Officer Cooper testified to the above-stated facts—that Battle was suspected of dealing illegal narcotics, that he resisted arrest, and that ...