Hammins v. State
| Decision Date | 04 October 1983 |
| Docket Number | 1 Div. 407 |
| Citation | 439 So.2d 809 |
| Parties | John Cornelius HAMMINS v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Stephen K. Orso, Mobile, for appellant.
Charles A. Graddick, Atty. Gen., P. David Bjurberg, Asst. Atty. Gen., for appellee.
Appellant was convicted of possession of marijuana in violation of § 20-2-70, Code of Alabama 1975. Sentence was fifteen years in the penitentiary. Four issues are presented for our review.
Hammins contends that there was insufficient evidence of his knowledge of the presence of marijuana in the car he was driving at the time of his arrest. On the basis of an informant's tip, Hammins and one James Watt were put under surveillance by agents of the F.B.I. and members of the Mobile Police Department.
Hammins was the driver of the car when stopped and had been the only person seen driving the car during the course of a two-day surveillance. At one point, after his arrest, he told a police officer that he owned the car but later retracted the statement. The marijuana was found in the trunk compartment of the car. There was one passenger in the car with Hammins when he was arrested. There were no suspicious or incriminating circumstances surrounding Hammins's activity.
The mere presence of a defendant in an automobile containing contraband is insufficient to sustain a conviction for possession. There must be additional circumstances from which knowledge of the presence of the contraband can be inferred.
In the case sub judice, Hammins, as the driver of the automobile, had complete possession, dominion, and control over the area where the contraband was found, namely, the trunk of the vehicle. It is highly unusual for anyone to have access to the trunk of a vehicle without the driver's knowledge. This is not a case in which the accused just happened to be driving a car with which he had little connection; he had been the only person Mobile area law enforcement officials had seen drive the car over a two-day period. Additionally, Hammins initially indicated that the car belonged to him. This was later disputed, but it seems clear that he had complete and total use of the car. These circumstances justify the inference that he knew of the presence of marijuana. Reed v. State, 368 So.2d 326 (Ala.Cr.App.1979); Corrao v State, 154 Ind.App. 525, 290 N.E.2d 484 (1972).
Hammins next contends that there was insufficient probable cause to support the issuance of the search warrant for the vehicle in question. The State argues that Hammins has no standing to challenge the search because he did not own the vehicle or have a possessory interest in it. It is clear that the appellant did have a possessory interest in the vehicle; if it had been otherwise, there would have been nothing from which to infer his knowledge of the presence of the contraband.
The State does point out, however, that the search warrant and its supporting affidavit are not in the record on appeal. Although a transcript of the suppression hearing is provided, it contains only the arguments of the attorneys which, in turn, are directed toward the missing affidavit. It is well settled that an affidavit and search warrant not contained in the record cannot be considered on appeal. Turner v. State, 380 So.2d 393 (Ala.Cr.App.1980). Even if the issue had properly been before the court, its merit is doubtful in light of the recent decision of Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).
Hammins's next issue concerns the waiver of his right to remain silent. Police Officer Mote, on voir dire, testified that he read the Miranda warning to appellant while transferring him to city jail. He further testified that although Hammins did not orally answer, he indicated that he understood his rights. Hammins offered no rebuttal evidence, and, on the basis of the officer's testimony, the judge allowed the statement to be admitted.
The voluntariness of a confession is determined by the judge in the exercise of...
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Griffin v. State, 2 Div. 491
...433 (1969). "The voluntariness of a confession is determined by the judge in the exercise of enlightened discretion," Hammins v. State, 439 So.2d 809, 811 (Ala.Cr.App.1983), "and is to be determined from a consideration of the totality of the circumstances in each case. Blackburn v. Alabama......
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Jackson v. State
...attempting to argue points not in evidence, the trial judge's actions cured any prejudice that may have resulted. In Hammins v. State, 439 So.2d 809, 811 (Ala.Crim.App.1983), this court "When improper arguments are made to the jury, they will be considered eradicated by the trial judge if h......
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Smith v. State, 3051
...possession of items found in an automobile may be imputed to the driver of the vehicle." Id. at 973. In Hammins v. Alabama, 439 So.2d 809 (Ala.Crim.App.1983), marijuana was found in the trunk of a car that Hammins was driving. There was one passenger. Hammins first claimed ownership of the ......
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State v. Smith
...505. That court found it of special importance to emphasize that Lombardo was the driver and lessee of the vehicle. In Hammins v. State, 439 So.2d 809 (Ala.Crim.App.1983), the Alabama Court of Criminal Appeals stated that mere presence in a vehicle containing contraband is insufficient to s......