State v. Morris
| Decision Date | 02 November 1993 |
| Docket Number | No. 2096,2096 |
| Citation | 439 S.E.2d 291,312 S.C. 116 |
| Court | South Carolina Court of Appeals |
| Parties | The STATE, Respondent, v. Steve Henry MORRIS, Appellant. . Heard |
Chief Attorney Daniel T. Stacey, South Carolina Office of Appellate Defense, Columbia, for appellant.
Attorney General T. Travis Medlock, Chief Deputy Atty. Gen., Donald J. Zelenka, Sr. Atty. Gen., Harold M. Coombs, Jr., Asst. Atty. Gen., William Edgar Salter, III, Columbia and Sol. Joseph J. Watson, Greenville, for respondent.
Steve Henry Morris was convicted of possession with intent to distribute crack cocaine and transportation of crack cocaine. Morris appeals the trial court's denial of his motion to suppress the crack cocaine. We affirm.
Morris argues the trial court erred in denying his motion to suppress the crack cocaine because there was no reasonable suspicion warranting his stop. We disagree.
Under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), a police officer may stop and briefly detain a person for investigative purposes when the officer has a reasonable suspicion supported by articulable facts that the person is involved in a criminal activity. Additionally, under Terry, an officer may stop an automobile. Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983).
On June 1, 1991, Patrick Brooks informed Detective Davis that he had witnessed a kidnapping. Brooks named several suspects by their nicknames, one of whom was "Duck Booty." Thereafter, Detective Davis discussed the kidnapping with his fellow officers and discovered Morris' nickname is "Duck Booty."
During the evening roll call, Detective Davis reported the kidnapping information to the officers on duty, including the fact that Morris, a.k.a. "Duck Booty," was a possible suspect in the kidnapping and that he wanted to question Morris about the matter. Officer Bradley was present at the roll call and subsequently informed Officer Gosnell, who was not present at the roll call, of the kidnapping and the suspects. Further, Officer Bradley described to Officer Gosnell Morris' vehicle and personalized license plate, which reads "TRY THIS."
Around 4:00 a.m., June 2, 1992, Officer Gosnell saw a vehicle fitting the description of Morris' vehicle and bearing the phrase "TRY THIS" on its license plate. Officer Gosnell stopped the vehicle. At that time, no warrant had been issued for Morris' arrest.
Upon stopping, Morris voluntarily got out of his vehicle and left the driver's side door open. Officer Gosnell began questioning Morris regarding the kidnapping. A second police officer arrived on the scene soon after the stop. As the second officer questioned...
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State v. Rodriquez
...20 L.Ed.2d 889 (1968)); see also United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983); State v. Morris, 312 S.C. 116, 439 S.E.2d 291 (Ct.App.1993). Here, because Rodriquez does not challenge the State's position the officers had an articulable suspicion he was involve......
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State v. Fowler, 2490
...an officer has a reasonable suspicion supported by articulable facts the person is involved in criminal activity. State v. Morris, 312 S.C. 116, 439 S.E.2d 291 (Ct.App.1993); State v. Foster, 269 S.C. 373, 237 S.E.2d 589 (1977), citing Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 88......
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State v. Robinson
... ... We emphasize that if ... Trooper Branham had testified that he observed in plain view ... an open container of alcohol in Robinson's vehicle, he ... would have been justified in conducting a search of the ... vehicle. Cf. State v. Morris, 312 S.C. 116, 118, 439 ... S.E.2d 291, 292 (Ct. App. 1993) (stating open beer container ... observed in plain view by officer at a traffic stop gave ... officer probable cause to arrest defendant and conduct ... inventory search of the vehicle which revealed crack ... ...
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State v. Lesley, 2676
...taken from Lesley's person at the jail was also admissible because it was seized incident to a lawful arrest. State v. Morris, 312 S.C. 116, 439 S.E.2d 291 (Ct.App.1993). The trial court erred, therefore, when it suppressed the evidence in REVERSED AND REMANDED. HOWELL, C.J., and ANDERSON, ......