Smith v. State
Decision Date | 20 March 2009 |
Docket Number | CR-07-1478. |
Citation | 19 So.3d 912 |
Parties | Rodney Labrone SMITH v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
Dwight Milburn Gross, Jr., Huntsville, for appellant.
Troy King, atty. gen., and Stephen N. Dodd, asst. atty. gen., for appellee.
The appellant, Rodney Labrone Smith, pled guilty to unlawful possession of a controlled substance, a violation of § 13A-12-212(a)(1), Ala.Code 1975, and unlawful possession of drug paraphernalia, a violation of § 13A-12-260, Ala.Code 1975. The trial court sentenced him to serve a term of one year and a day in prison on the unlawful possession of a controlled substance conviction, but suspended the sentence and ordered him to serve two years on supervised probation. It also ordered him to pay a $25 fine on the unlawful possession of drug paraphernalia conviction. Finally, the trial court imposed a $1,000 Demand Reduction Assessment Act fine on the unlawful possession of a controlled substance conviction. See § 13A-12-281, Ala.Code 1975. Smith did not file any post-judgment motions. This appeal followed.
Officer Michael Danley of the Huntsville Police Department testified that, a little after 9:00 p.m. on October 23, 2006, he was driving down Calvary Street; that the department had a lot of drug problems on that street, and the department performed "drug details" on that street; that the area was dark; that he saw Smith walking in the middle of the street; that he stopped Smith to see what was going on at that time; and that he talked to people on that street all of the time because of the problems in that area. He also testified that he got out of his vehicle, approached Smith, and patted him down for officer safety; that he probably asked Smith his name; that, normally, he would ask a subject's name and pat him down at the same time; that he checks people as soon as he gets out of his vehicle and approaches them to make sure they do not have a weapon; that he felt something in Smith's pocket; that he asked Smith about what was in his pocket; that Smith said he had a crack pipe in his pocket; that he removed the crack pipe from Smith's pocket; that he arrested Smith for unlawful possession of drug paraphernalia; and that he transported Smith to the metro jail. Danley further testified that, before they entered the booking area, he asked Smith if he had drugs or anything else on him; that Smith told him he had a small crack rock in his left pants pocket; and that he removed the crack rock from Smith's pocket.
Smith argues that the trial court erroneously denied his motion to suppress the evidence Danley seized from his pockets. Specifically, he contends that Danley did not have reasonable suspicion to stop him and conduct a patdown search.1 We addressed a similar situation in W.D.H. v. State, 16 So.3d 121, 123-128 (Ala.Crim. App.2008), as follows:
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