State v. Meadows
| Decision Date | 19 November 1987 |
| Docket Number | No. 86-285-III,86-285-III |
| Citation | 745 S.W.2d 886 |
| Court | Tennessee Court of Criminal Appeals |
| Parties | STATE of Tennessee, Appellee, v. Robert Howard MEADOWS, Appellant. 745 S.W.2d 886 |
David L. Raybin, Nashville, for appellant.
W.J. Michael Cody, Atty. Gen., Kimberly L.A. Hattaway, Asst. Atty. Gen., Thomas H. Shriver, Dist. Atty. Gen., Richard H. Fisher, Paul DeWitt, Asst. Dist. Attys. Gen., for appellee.
Robert Howard Meadows appeals from his convictions on four counts of possession of a controlled substance with the intent to manufacture, deliver, or sell the substance. The first was a conviction of possessing a substance containing cocaine, a Schedule II substance, in excess of 30 grams, for which he was sentenced to pay a fine of $200,000 and serve a term of forty years in the custody of the Department of Correction. The second conviction involved the possession of the substances of methaqualone, pethidine, amphetamine, secobarbital, and oxycodone, Schedule II substances, for which he was sentenced to pay a fine of $15,000 and serve a term of eight years in the custody of the Department of Correction. The third conviction involved diazepam, a Schedule IV substance, for which he was sentenced to pay a fine of $7,000 and serve a term of three years in the custody of the Department of Correction. The fourth count upon which he was convicted involved marijuana, a Schedule VI substance, for which he was sentenced to serve a term of four years in the custody of the Department of Correction. The trial court ordered that the sentences for the offenses set out in counts three and four be served concurrently with each other, but consecutive to the sentences for the offenses described in counts one and two.
The appellant on this appeal raises two basic issues. He contends that the trial judge should have granted his motion to suppress evidence seized under color of a search warrant because (a) the affidavit given in support of the search warrant failed to establish probable cause for the issuance of the warrant, (b) it was a general warrant, and (c) the warrant was not properly executed. He further contends the trial court committed prejudicial error in refusing to charge the jury regarding the inference which arises regarding ownership of drugs found on the property owned by another.
While the appellant does not challenge the sufficiency of the convicting evidence, a summary of the evidence is appropriate to a review of the issues before us.
Prior to his arrest the defendant had been the subject of an ongoing drug investigation. Periodically officers would receive information that the defendant was trafficking in narcotics. On each occasion officers would place the defendant's residence under surveillance. However, these efforts were futile; and the information, standing alone, would not support the issuance of a search warrant. The investigation continued for approximately a year prior to the defendant's arrest.
On April 18, 1985, Sergeant James W. McWright, an officer assigned to the Vice Control and Narcotics Division of the Metropolitan Police Department, received information from Jerry Strain, an agent with the State of Tennessee Alcohol Beverage Commission, that the defendant was trafficking in narcotics. According to McWright, Strain received this information from Don Earls, an Alcohol Beverage Commission agent assigned to the Winchester-Manchester area. Earls had received the information from an unnamed, confidential informant. McWright never talked to the informant, and no effort was made to determine the informant's reliability.
Strain advised McWright that the defendant was in possession of a large quantity of cocaine. The cocaine was supposed to be in the residence of the defendant. According to the information furnished to McWright, the defendant sold cocaine by the ounce. His customers were generally females. The general procedure was for a female to drive her motor vehicle to the rear of the defendant's residence, honk the horn, and wait for a signal from the defendant to enter the residence. Once the defendant signalled the female to enter the residence, she would exit the vehicle, enter the residence, and return to her vehicle a few minutes later.
On April 18, 1985, at about 9 a.m., McWright, along with other law enforcement officers, placed the residence of the defendant under surveillance. That afternoon the officers observed Janet Campbell Shearon, the girl friend of a known drug dealer, Alfonzo Wilson, follow the pattern described by the informant whose reliability hadn't been verified. A check of the license number of the vehicle revealed the registered owner of the vehicle was the wife of Alfonzo "Chicken Red" Wilson, the boy friend of Ms. Shearon and known to the officers as a narcotics dealer. He had previously been convicted of numerous drug related offenses. Ms. Shearon met Wilson at a vacant service station located approximately a mile from the defendant's residence. Officers subsequently stopped the vehicle. A search resulted in the seizure of cocaine and the arrest of the occupants. Obviously, Meadows would have soon been alerted to this occurrence.
McWright thereafter proceeded to obtain a search warrant authorizing the search of the Meadow's residence. The warrant was issued by the General Sessions Court judge at 6:13 P.M. Before McWright could return to conduct the search, the defendant left his residence. Officers stopped the defendant and took him into custody a short distance from the residence. The officers returned with the defendant to his residence and waited for Sergeant McWright to arrive with the previously obtained search warrant.
When McWright arrived the defendant refused to open the door to his residence. The officers took his keys from the ignition of his vehicle, opened the door, and obtained entry to the residence. The search revealed two brief cases under a bed. One brief case contained papers relating to Meadows trucking company, jewelry and other miscellaneous items that did not relate to drug trafficking; and approximately $12,000, which the officers described as "drug money". The second brief case contained approximately twenty-one ounces of cocaine and other assorted drugs. In all approximately $18,000 was confiscated.
Sergeant McWright did not know who owned the real property searched. He stated he saw a quitclaim deed from Robert Meadows, the defendant, to Ann Raines, who had been in and out of the residence while it was under surveillance. Other prosecution witnesses testified the property was purchased by the defendant approximately ten years prior to his arrest, but the present title to the property was in the name of Ms. Raines.
Lisa Duke, the defendant's girl friend, was living at the residence when the search took place. Ms. Raines was apparently visiting from Florida and residing at the residence during her visit.
The defendant contends the trial court committed error requiring reversal in denying his motion to suppress the controlled substances, currency, documents, and personal effects seized under color of the search warrant in question. In support of this issue the defendant argues (a) the affidavit of Sergeant James W. McWright used to obtain the warrant was insufficient, as a matter of law, to satisfy the probable cause requirements of Article I, Section 7 of the Tennessee Constitution and the Fourth Amendment to the United States Constitution; (b) the description of the property to be seized created a general warrant, and (c) the search warrant was invalid because it was improperly executed.
We will first consider the sufficiency of the affidavit upon which the search warrant was issued. The judge's decision to issue the search warrant in question was predicated upon the affidavit of Sergeant James W. McWright of the Metropolitan Police Department, as follows:
"AFFIDAVIT OF SERGEANT JAMES W. WRIGHT
Your affiant says that the facts in support of the issuance of the search warrant are as follows:
Your affiant has been a police officer for the past 13 years employed in such capacity by the Nashville Police Department, and has acted and received the information set forth in this affidavit.
On the date of April 18, 1985, your affiant (received information from) Agent Jerry Strain, of the Tennessee Alcoholic Beverage Commission, that Robert Meadows, a M/W was in possession of a large quantity of cocaine. Agent Strain further stated that his information was that Meadows sold ounces of cocaine mainly to females. His further information stated that these females would pull up out back of the house and wait in the vehicle until given the signal to come in. Based upon the information received from Agent Strain, your affiant and Agent Strain and other vice officers established surveillance on the above described location which is the residence of Robert Meadows, and the location that Agent Strain had received the information that he was selling from. While under surveillance the above mentioned location had several vehicles arrive and leave. All individuals arriving and staying a short time were females, with the exception of Fred Bunyan, a M/W associate of Robert Meadows. At approximately 2:07 P.M., your affiant observed Janet Campbell Shearon arrive in the rear of the above described location in a 1976 Chevelle, Lic. # 2T9C56, which was listed to Josie Wilson. A further check of the vehicle showed that Alfonzo Wilson had received citations in this vehicle.
Your affiant is personally acquainted with Alfonzo Wilson and has knowledge of Wilson's past arrest and convictions for dealing in narcotics and dangerous drugs. At approximately 2:15 P.M., April 18, 1985, your affiant observed the female white come out of the back door of Robert Meadows house. She then drove to the intersection of Davidson Drive and Charlotte Pike,...
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