State v. Corley
Decision Date | 14 May 2009 |
Docket Number | No. 4544.,4544. |
Parties | The STATE, Respondent, v. Glenn Ireland CORLEY, Appellant. |
Court | South Carolina Court of Appeals |
C. Rauch Wise, of Greenwood, for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent.
Glenn Ireland Corley was indicted for possession of crack cocaine. Following a bench trial, Corley was convicted as charged and sentenced to three years, suspended upon sixty days with three years of probation. Corley appeals arguing the trial court erred in denying his motion to suppress the evidence. We affirm.
In the early morning hours of September 24, 2006, Officer Nicholas Futch with the Greenwood City Police Department was conducting surveillance of a residence on Owen Street that was known to have a high level of drug activity. Several cases had been "made" and a number of search warrants had been executed at that particular residence. Futch, who was in the woods on foot at the time, watched from a distance of approximately fifty yards from the home. Officer Futch had observed the house for five to ten minutes when, at around 2:50 a.m., he observed a man approach the location in his vehicle. The man exited his vehicle, walked to the rear of the residence, remained there for less than two minutes, and then returned to his vehicle and left. Officer Futch followed behind this vehicle in his patrol car for a brief period, and initiated a traffic stop when the individual failed to use a turn signal.
Officer Futch approached the vehicle, identified himself, and requested the driver's license, insurance, and registration from the driver, who was identified as Corley. The officer observed Corley was nervous and short of breath, avoided eye contact with him, and appeared fidgety. Corley provided the officer with the documents he requested. Officer Futch asked Corley to step out of his car due to safety concerns based on Corley's nervousness. As the two stepped to the rear of the vehicle, Officer Futch engaged Corley in conversation about where he had just been. Corley told the officer he had been at the home of a friend, Beth Cronnick. Officer Futch had personal knowledge Cronnick did not live at the house Corley had just left, so he asked Corley to point out the home to him. After Corley pointed in a general area, the officer asked him for directions to the house. Corley's answer indicated an area on a different street, about a block away from the actual residence. He described it as an older style white home; however the actual home was a "dark gray, almost purple house." At that time, officer Futch advised Corley he knew he was being dishonest and that he had observed Corley leave a house he knew to have high drug activity. He then asked Corley if he had gone to the residence to purchase illegal drugs, and Corley responded that he had. With further questioning, Corley indicated the substance was crack cocaine, and that he did not have it on him, but that it was in his vehicle in the cup holder. Officer Futch retrieved a small off-white rock-like substance from the cup holder and placed Corley under arrest for possession of crack cocaine.
The officer stated he did not give Corley his registration and license back until after the arrest. He also issued Corley a verbal warning for the traffic violation subsequent to the arrest. From the time Corley's vehicle came to a stop until he was placed under arrest was less than ten minutes, and was likely only five to seven minutes. Officer Futch acknowledged that when Corley left the residence, it was his intent to stop him because he was suspicious Corley was involved in a drug transaction. His suspicions of illegal drug activity were aroused by the fact that he observed Corley at a residence known for high drug activity, that Corley went to the rear of the residence, that he remained there for only a very brief time, and this occurred in the middle of the night. Officer Futch agreed that he had all the things he needed to write Corley a ticket for the traffic violation, but instead proceeded to ask Corley questions about his observations at the residence. Officer Futch did not advise Corley of his Miranda rights1 prior to questioning him during the traffic stop.
When the State sought to admit the crack cocaine into evidence, Corley objected asserting it was the result of an illegal search and seizure. Corley moved to suppress the evidence asserting two prongs. First, he argued, under State v. Fowler, 322 S.C. 263, 471 S.E.2d 706 (Ct.App.1996), there was insufficient reason to believe he had committed any crime other than the traffic violation, and the inquiry from the officer went beyond the purpose of the initial stop with this further detention violating his fourth amendment rights under State v. Williams, 351 S.C. 591, 571 S.E.2d 703 (Ct.App.2002). Second, Corley maintained, assuming arguendo there was sufficient reason to believe he had committed another crime, the inquiries of the officer amounted to custodial interrogation. He therefore asserted because he was not advised of his Miranda rights, his statements and the evidence obtained as a result thereof should be suppressed. The State argued Williams was distinguishable because in that case, the traffic stop was completed before the questioning, as the officer had already returned the defendant's license and registration and issued the citation. The State further distinguished Fowler, arguing the facts were stronger to support reasonable suspicion of drug activity in this case. The State also maintained it was not necessary that Corley be advised of his Miranda rights because the questioning occurred during a routine traffic stop.
The trial court determined it was not going to get into whether there was probable cause for the traffic stop because, based on the testimony of the officer, the real reason for the stop was the suspected drug activity. Accordingly, the court found the question was whether the officer had probable cause to stop Corley in consideration of what he observed at the house in regard to drug activity. Noting that Officer Futch was conducting surveillance on a drug house, the time was 2:50 in the morning, and Corley went to the back of the house and stayed for approximately two minutes before leaving, the court determined there was probable cause to stop Corley on that basis and therefore denied Corley's motion to suppress. Counsel for Corley then requested a ruling on the Miranda issue. The trial court ruled the questioning was pursuant to an investigation into the drug activity and Miranda was therefore not implicated.
After submitting a drug analysis into evidence over Corley's objection, the State rested. Corley presented no evidence in his defense. Based on the testimony of the officer, Corley's stipulation as to chain of custody and the validity of the chemist's report, and the denial of the motion to suppress, the trial court found Corley guilty as charged. This appeal follows.
State v. Wilson, 345 S.C. 1, 5-6, 545 S.E.2d 827, 829 (2001) (citations omitted). In Fourth Amendment search and seizure cases, our review is limited to determining whether any evidence supports the trial court's finding. State v. Banda, 371 S.C. 245, 251, 639 S.E.2d 36, 39 (2006). Upon such review, an appellate court may reverse only when the trial court's decision is clear error. State v. Pichardo, 367 S.C. 84, 95, 623 S.E.2d 840, 846 (Ct.App.2005). Under the "clear error" standard, the appellate court will not reverse a trial court's finding of fact simply because it may have decided the case differently. Id. at 96, 623 S.E.2d at 846. Additionally, "[a]ppellate review of whether a person is in custody is confined to a determination of whether the ruling by the trial judge is supported by the record." State v. Evans, 354 S.C. 579, 583, 582 S.E.2d 407, 409 (2003).
Corley argues the trial court erred in failing to suppress the evidence seized because (1) a custodial interrogation was conducted by the investigating officer without advising Corley of his Miranda rights, (2) the officer detained Corley longer than was necessary to write the traffic ticket thereby eliciting an incriminating statement, and (3) the arresting officer did not have a sufficient factual basis to stop Corley independently for alleged drug activity where he never observed a drug transaction. Because we find there is evidence to support the trial court's ruling that Officer Futch had probable cause to stop Corley and investigate for drug activity, we find no error.
The Fourth Amendment guarantees "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. "The Fourth Amendment does not proscribe all contact between police and citizens, but is designed `to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals.'" INS v. Delgado, 466 U.S. 210, 215, 104 S.Ct. 1758, 80 L.Ed.2d 247 (1984) (quoting United States v. Martinez-Fuerte, 428 U.S. 543, 554, 96 S.Ct. 3074, 3081, 49 L.Ed.2d 1116 (1976)).
The stopping of a vehicle and the detention of its occupants constitutes a seizure and implicates the Fourth Amendment's prohibition against unreasonable searches and seizures. Delaware v....
To continue reading
Request your trial- State v. Williams
-
State v. Adams
...probable cause is not “rendered invalid by the fact that it was a mere pretext for a narcotics search.” State v. Corley, 383 S.C. 232, 241, 679 S.E.2d 187, 191–92 (Ct.App.2009) (internal quotation marks omitted), affirmed as modified by392 S.C. 125, 708 S.E.2d 217 (2011); see also Whren v. ......
- State v. Robinson
-
The State v. Burgess
...challenge the admission of the drug evidence on grounds that Lutz exceeded the scope of the Terry stop. See State v. Corley, 383 S.C. 232, 241, 679 S.E.2d 187, 192 (Ct.App.2009), aff'd as modified, 392 S.C. 125, 708 S.E.2d 217 (2011) (“The scope and duration of [the stop] must be strictly t......