Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Holloway v. State

Court of Appeals of Mississippi

June 25, 2019

DECARLOS NESHUNN HOLLOWAY A/K/A DECARLOS HOLLOWAY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/15/2017

          HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT, HON. LISA P. DODSON TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN ELIZABETH BRIGGS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          DISTRICT ATTORNEY: JOEL SMITH

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          J. WILSON, P.J.

         ¶1. Following a jury trial, DeCarlos Holloway was convicted of trafficking in a controlled substance and sentenced as a nonviolent habitual offender to serve forty years in the custody of the Department of Corrections. Holloway claims that the trial judge erred by denying his motion to suppress the cocaine found in the automobile in which he was a passenger and in the house in which he was staying. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. The Gulfport Police Department received an anonymous tip that Holloway was cooking crack cocaine and selling marijuana and cocaine from a specific house on South Carolina Avenue. The caller stated that he knew that Holloway was cooking cocaine and selling drugs out of the house "right now."[1] Based on the tip, several officers immediately began surveillance of the house.

         ¶3. Detective McCook was in an unmarked car within visual range of the house while the other officers were in unmarked cars nearby. A white Jaguar known to be Holloway's car was parked at the house. After about thirty or forty minutes, Jermaine Ratcliff arrived at the house in a Tahoe, and Holloway exited the house and got in the Tahoe with Ratcliff. McCook remained in place while the Tahoe left the house traveling south on South Carolina Avenue and then turned left onto Polk Street.

         ¶4. Detectives King and Brennan were parked on Polk Street facing east and began driving toward the Tahoe. As their car approached the Tahoe, King noticed that the driver was not wearing a seatbelt and that the window tint on the Tahoe appeared to exceed the legal limit. The officers made a U-turn and followed the Tahoe as it continued west on Polk Street. A few blocks later, they turned on their blue lights and initiated a traffic stop. The Tahoe came to a stop near the intersection of Polk Street and Ohio Avenue, and King and Brennan exited their car and approached the Tahoe. The Tahoe then suddenly accelerated away from the officers and turned south on Ohio Avenue. King and Brennan returned to their car and followed the Tahoe, and the Tahoe eventually came to a stop again on Ohio Avenue. The officers again exited their car and walked up to the Tahoe.

         ¶5. When King and Brennan approached the Tahoe, both of them could clearly smell marijuana, and Brennan saw that Holloway "was chewing and pouring a green leafy substance that [Brennan] immediately recognized as marijuana into his mouth." While King was talking to the driver (Ratcliff), Brennan removed Holloway from the car and ordered him to put his hands up and stop eating the marijuana. Holloway did not comply, and Brennan placed him under arrest. Detective Olds and Detective Fore arrived on the scene and began to search the Tahoe. They found a plastic bag with marijuana residue in the area where Holloway had been sitting. They also found a tub with residue in the center console and a handgun in the glove compartment on the passenger side.

         ¶6. A "hostile" crowd of a "dozen or more" onlookers soon formed around the Tahoe. They were "shouting aggressively" at the officers and refused to disperse. Fore decided that it would be unsafe to continue the search at the scene of the stop, and he told Brennan to drive the Tahoe back to the house on South Carolina Avenue to finish the search. Holloway and Ratcliff were taken to the police station, and King went to apply for a search warrant for the house. The other officers returned to the house ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.