State v. Thrash
| Decision Date | 31 January 1972 |
| Docket Number | No. 46648,46648 |
| Citation | 257 So.2d 523 |
| Parties | STATE of Mississippi v. Robert C. THRASH. |
| Court | Mississippi Supreme Court |
A. F. Summer, Atty. Gen., by Timmie Hancock, Special Asst. Atty. Gen., Jackson, for appellant.
Alford & Mars, Laurel G. Weir, Philadelphia, for appellee.
This is an appeal by the State of Mississippi from an order of the Circuit Court of Newton County, Mississippi sustaining a motion of appellee to suppress evidence obtained pursuant to a search of the motor vehicle of appellee on August 22, 1970 without a search warrant and dismissing the case against the appellee.
The evidence shows that two police officers of the City of Meridian, Mississippi, while on routine patrol, stopped at an intersection to let oncoming traffic pass and observed the appellee load two cases in the back of his pickup truck from the Jet Package Store, a whiskey store located in the City of Meridian, Mississippi, their attention being attracted to the appellee because he was wearing a pistol and a badge. One of the police officers had received at least five or six reports within the preceding three or four months with reference to the appellee being at this particular liquor store.
The officers parked their vehicle nearby and appellee ducked down behind his pickup when he observed the officers. After loading cases in his pickup, appellee proceeded out of Meridian on Mississippi Highway No. 19 where he was followed by the two police officers.
The police officers contacted an enforcement agent of the Alcohol Beverage Control Board by radio who came up behind the two vehicles on Highway 19. About 8 miles out of the City of Meridian the police officers descontinued their surveillance when the Alcohol Beverage Control Board Agent took over the surveillance of appellee's vehicle.
The agent followed appellee's vehicle until it crossed the county line between Lauderdale and Newton Counties, and after appellee had travelled about one-half mile into Newton County, Mississippi, he stopped the truck of appellee. When the agent approached appellee's truck he saw cases labeled whiskey in the back of the truck, searched the vehicle and found three cases of whiskey and one case of wine.
Search was made without a warrant under the provisions of Section 2615 of the Mississippi Code of 1942 Annotated (1956), and the sole question is whether or not the officer had probable cause to make the search without a warrant. In the case of Pass v. Miss., 193 So.2d 119 (Miss.1966), this Court stated:
However, such searches must be made on probable cause, and the officer making such search must have reason to believe and must believe that intoxicating liquor is being transported. And the information upon which he bases this belief must be of such nature that it would authorize a judicial finding that a search warrant could be issued if the same had been applied for by affidavit of the officer. (193 So.2d at 122).
We hold that there was probable cause for the search of appellee's vehicle by the agent of the Alcohol Beverage Control Board without a search warrant because the information upon which he based his belief was sufficient to authorize the issuance of a search warrant.
An affidavit for a search warrant may be based on hearsay information and need not reflect the direct personal observation of the affiant. O'Bean v. State, 184...
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Townsend v. State
...obtained through the use of senses was not a trespass, authorizing a search of the vehicle). The Court also referred to State v. Thrash, 257 So.2d 523 (Miss.1972) (noting the eye could not trespass). With respect to the second reason the trial judge noted ... the motion that this was under ......
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Rooks v. State
...activity to the sheriff. Miss. Code Ann. Sec. 41-29-153(b)(4) authorizes officers to search vehicles for illegal drugs. 3 State v. Thrash, 257 So.2d 523 (Miss.1972), and Allison v. State, 274 So.2d 678 (Miss.1973), involved suspected individuals going into package liquor stores, emerging wi......
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Allison v. State, 47019
...on a public gravel road in Rankin County, which is dry. We think that there was probable cause for the agents' actions. See State v. Thrash, 257 So.2d 523 (Miss.1972). But assuming arguendo that the agents' actions were not based on probable cause and were illegal, this still would not just......