State v. Davis

• Decision Date: 28 April 2003
• Docket Number: No. 3635.,3635.
• Citation: 354 S.C. 348,580 S.E.2d 778
• Court: South Carolina Court of Appeals
• Parties: The STATE, Respondent, v. LaQuinces Delvecchio DAVIS, Appellant.

354 S.C. 348

580 S.E.2d 778

The STATE, Respondent, v. LaQuinces Delvecchio DAVIS, Appellant.

No. 3635.

Court of Appeals of South Carolina.

Heard February 13, 2003.

Decided April 28, 2003.

Rehearing Denied August 21, 2003.

Chief Appellate Defender Daniel T. Stacey and Deputy Chief Appellate Defender Joseph L. Savitz of SC Office of Appellate Defense, both of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

HOWARD, J.:

LaQuinces Delvecchio Davis appeals his convictions for trafficking in crack cocaine and possession of marijuana, arguing the search warrant which led to the discovery of the illegal drugs was not based on probable cause and arguing the underlying search warrant affidavit was defective because it contained false information and did not include allegedly exculpatory information. We affirm.

FACTS/PROCEDURAL HISTORY

On July 13, 2000, Officer Brian Evans of the York County Multijurisdictional Drug Enforcement Unit received two calls from an anonymous informant stating a person known as "Q" was driving an older model Chevrolet, ice-blue or black in color with a broken front grill, and was selling crack cocaine in the Green Street area of Rock Hill. The informant provided a license plate number for the vehicle.

Officer Evans recognized the nickname "Q" as Davis' street name and knew Davis had a prior conviction involving crack cocaine. A check of South Carolina motor vehicle records revealed that the vehicle described by the informant was registered to Davis' mother and that the license plate was suspended for failure to pay insurance. Officer Evans went to the area where the informant indicated Davis was selling drugs, but was unable to locate Davis or the vehicle.

The same informant called again the next day, reporting that "Q" had left the Ramada Inn motel in Rock Hill and was headed to Green Street with crack cocaine to sell. In response, police surveilled Green Street looking for Davis. They spotted the vehicle described by the informant being driven near Green Street, at which time one of the officers turned on his blue lights to initiate a traffic stop. The vehicle accelerated, ran a stop sign, and attempted to evade the police for several blocks. Davis, the lone occupant, jumped from the moving vehicle and ran. The unguided vehicle crashed into two parked cars. Shortly thereafter, Davis was apprehended and arrested for failure to stop for a blue light. He told police he had run because he had smoked marijuana shortly before his arrest.

In a search of Davis incident to his arrest, the police found $156.00 in cash, a pager, and a motel key card. Davis stated the motel key card belonged to a motel room in Orangeburg in which he had stayed the night before. Davis repeatedly denied the key card belonged to a motel room in Rock Hill. Notwithstanding his denials, police confirmed that a "Quincy Davis" was registered as a guest at the Rock Hill Ramada Inn motel and that the key card fit the door of the motel room.

Police obtained a search warrant for the room from the local magistrate based upon the following affidavit, supplemented with oral sworn testimony:

Affidavit for Search Warrant

Attachment # 1 Ramada Inn 911 Riverview Rd. Room 227 Rock Hill, S.C. The affiant, a sworn police officer with the York County Multijurisdictional Drug Enforcement Unit, with over 20 years of narcotic experience, states the following facts to support probable cause to search the premises listed within. On July 13, 2000, Officer Brian Evans of the York County Multijurisdictional Drug Enforcement Unit received information that "Q" was selling crack in the Green St. area of Rock Hill. The source stated that "Q" was in an old ice blue or ice black Chevrolet and gave Officer Evans the vehicle's license number. The source stated that "Q" does not have a driver's license. The tag came back to Rosa Hinton, which is the mother of Quincy Davis. Also the printout indicated the tag was suspended. Officers have personal knowledge that Quincy Davis is known as "Q" and has convictions for selling crack. Officer Evans was unable to locate the vehicle.

On July 13, 2000, Officer Evans received a second call that "Q" was back on Green St. in a yard and selling crack. Officer Evans responded and was unable to locate Davis. On July 14, 2000, Officer Evans received a call from the same source that "Q" was leaving the Ramada Inn in Rock Hill going to Green St. and that "Q" had crack to sell. Officer Evans went to the area and observed the vehicle on Lucky Ln. traveling towards Whitgreen St. towards Green St. Officer Evans attempted a traffic stop and the vehicle accelerated failing to stop for the police blue light. The vehicle drove in a reckless manner speeding and failed to stop for stop signs. The driver then jumped from the vehicle while moving and the vehicle struck two parked vehicles. The driver fled on foot and was caught a short distance away and identified as Quincy Davis. Search incident to arrest revealed a Ramada Inn Motel Key Card in Davis' pants pocket. Davis stated that he spent the night in the Ramada Inn in Orangeburg and kept the motel key. Officers of the DEU went to the Ramada Inn on Riverview Rd. in Rock Hill and the key matched a room registered to Davis. Davis was asked to sign a consent form to search the room and Davis denied completely and fully that he has a motel room in Rock Hill. Davis was asked 3 times and each time he denied having a room. Davis refused to sign the consent stating that it is not his room. Davis stated that he ran because he had smoked marijuana. Record check revealed in fact that Davis has been convicted of selling crack in the past and narcotic officers of the DEU have received information from sources recently that Quincy Davis is selling crack in the Rock Hill area. Based on past narcotic investigations it is common that drug dealers secrete contraband and proceeds of drug sales in motel rooms.

In a subsequent search of the room, police found 32.44 grams of crack cocaine, 23.54 grams of marijuana, and drug paraphernalia.

In a pretrial suppression hearing, Davis argued the evidence found in the motel room should be excluded. Davis asserted the only corroborated information was his identity, and under the authority of Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), the search was not based upon probable cause.

The court denied the motion to suppress, concluding the affidavit, as orally supplemented, provided probable cause for the issuance of the search warrant. At trial, Davis was convicted of trafficking in crack cocaine, failure to stop for a blue light, and possession of marijuana. Davis was sentenced to thirty years for trafficking crack cocaine, five years for failure to stop for a blue light, and one year for possession of marijuana, with the sentences to run concurrently.

Davis appeals his convictions for trafficking in crack cocaine and possession of marijuana. In his appeal, Davis makes the same argument as he made at the suppression hearing. He also contends the drugs should have been suppressed because the affidavit stated the attesting officer had personal knowledge of Davis' prior conviction for selling crack cocaine, when in fact, his prior conviction was only for possession of crack cocaine. Davis contends the affiant's personal verification of information later determined to be incorrect provides evidence that this false information was intentionally or recklessly conveyed to the magistrate, rendering the warrant defective under a Franks v. Delaware¹ analysis. In addition, Davis argues the affidavit was defective because it did not inform the magistrate of the exculpatory fact that Davis had no drugs in his possession when he was arrested, contrary to the assertions of the informant.

ISSUES PRESENTED

1.) Did the magistrate err in issuing the search warrant because it was not based on probable cause to believe contraband would be found in the motel room?

2.) Was the incorrect information concerning Davis' prior criminal record intentionally or recklessly presented to the magistrate, rendering the search warrant defective?

3.) Did the omission of the fact that no drugs were found in Davis' possession at the time of arrest constitute exculpatory information that was intentionally or recklessly withheld from the magistrate, rendering the search warrant defective?

STANDARD OF REVIEW

The duty of a reviewing court is to decide whether "the magistrate had a substantial basis for concluding that probable cause existed." Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (internal quotations omitted); State v. Bellamy, 336 S.C. 140, 144, 519 S.E.2d 347, 349 (1999) (adopting the Gates standard of review). "A reviewing court should give great deference to a magistrate's determination of probable cause." State v. Weston, 329 S.C. 287, 290, 494 S.E.2d 801, 802 (1997); see Gates, 462 U.S. at 236,

103 S.Ct. 2317 (holding the Fourth Amendment evidences a "strong preference for searches conducted pursuant to a warrant").

LAW/ANALYSIS

I. Totality of the Circumstances

Davis argues the magistrate should not have issued the search warrant because it was not based on probable cause. We disagree.

A magistrate may issue a warrant only upon a finding of probable cause. Bellamy, 336 S.C. at 143, 519 S.E.2d at 348. A probable cause determination requires the magistrate to analyze the totality of the circumstances, meaning he should "make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, ... there is a fair probability that contraband or evidence of a crime will be found in a particular place." Gates, 462 U.S. at...