JOHN E. WRENN A/K/A JOHN E. WRENN JR. A/K/A JOHN EDWARD WRENN A/K/A JOHN WRENN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 04/24/2017
COUNTY CIRCUIT COURT HON. GERALD W. CHATHAM SR. TRIAL JUDGE.
ATTORNEY FOR APPELLANT: ANNA K. ROBBINS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KAYLYN HAVRILLA MCCLINTON
DISTRICT ATTORNEY: JOHN W. CHAMPION
GRIFFIS, P.J., WILSON AND TINDELL, JJ.
A police officer stopped John Wrenn's truck because he
believed that it fit the description of the truck driven by a
fleeing suspect who had fired his shotgun minutes earlier
during a disturbance at a nearby home. The officer suspected
that Wrenn was armed, so he waited for backup to arrive
before approaching the truck. With guns drawn and trained on
the truck, officers ordered Wrenn to exit the truck and then
handcuffed him while they briefly searched the truck to make
sure that no one else was inside. The officers immediately
found a sawed-off shotgun and shells in the cab of the truck.
Wrenn subsequently was indicted for possession of a firearm
by a convicted felon. Prior to trial, he filed a motion to
suppress all evidence that was seized during the search of
his truck or collected thereafter, arguing that there was no
probable cause for the stop. The trial judge denied
Wrenn's motion. Following a jury trial, Wrenn was
convicted and sentenced to serve ten years in the custody of
the Department of Corrections as a habitual offender. On
appeal, Wrenn challenges the denial of his motion to
suppress. However, we find no error and affirm.
AND PROCEDURAL HISTORY
On April 4, 2011, around 11:30 p.m., Horn Lake emergency
dispatch received a call from a woman who lived on Heather
Cove. She reported that a man two houses down was causing a
disturbance loud enough to wake her up. Following an audible
bang, the woman told the dispatcher that the man had just
fired a gun. She then told the dispatcher that the man was
driving away from Heather Cove in a large, loud, white truck,
possibly a Ford F150 or a Chevy. The dispatcher sent the
information out over the radio and told the caller that
officers were on the way.
Dorothy Frazier lived at the house where the disturbance and
shooting occurred. Between 11:15 and 11:30 p.m., she woke up
to the sound of her husband and Wrenn arguing on the front
porch. Her husband told Wrenn to leave several times, but
Wrenn refused. Frazier also called 911. While she was on the
phone, Wrenn went to his truck, opened the door, and took out
a shotgun. He pointed the gun at the Fraziers and then fired
into the air. Wrenn and the Fraziers then heard sirens, and
Wrenn jumped into his truck and fled.
Officer Martin Gipson was on patrol that night nearby. He
heard a gunshot and a radio dispatch about a disturbance on
Heather Cove, which was in the general direction of the
gunshot. Gipson responded to Heather Cove within five minutes
of the gunshot. Frazier told Gipson that her husband had been
in an argument with a man and that the man had been drinking,
and Gipson relayed that information over the radio.
Officer Ken Magill was sent to Heather Cove in response to
the disturbance call. While he was en route to Heather Cove,
the dispatcher informed him that shots had been fired. As
Magill neared Heather Cove, the dispatcher advised him that
the suspect was driving a white truck and traveling north
away from Heather Cove. When Magill approached the corner of
Heather Cove, there were two people standing outside pointing
north. Magill drove north and spotted a truck that he
believed fit the description of the suspect's truck. He
followed the truck and initiated a stop about half a mile
from Heather Cove. Based on dispatch reports, Magill believed
that the driver might be armed, so he waited for additional
officers to arrive.
Once backup arrived, Magill ordered the driver to get out of
the truck and approach him slowly. The officers had their
guns drawn on the driver, later identified as Wrenn, as he
exited and approached them. The officers "conducted a
quick Terry pat of [Wrenn] for weapons, handcuffed
him, [and] put him in the back of [Magill's patrol] car
for security purposes." The officers immediately noticed
that Wrenn smelled of alcohol and that his speech was
slurred, and Wrenn admitted that he had been drinking.
Accordingly, the officers placed Wrenn under arrest for
suspicion of driving under the influence. Officers then
"did a quick search of ...