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.

Mayfield v. Commonwealth

Court of Appeals of Kentucky

November 15, 2019

ANDRE MAYFIELD APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE

          APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE JOHN E. REYNOLDS, JUDGE ACTION NO. 17-CR-00627.

          BRIEFS FOR APPELLANT: Adam Meyer Assistant Public Advocate Frankfort, Kentucky.

          BRIEF FOR APPELLEE: Andy Beshear Attorney General of Kentucky James P. Judge Assistant Attorney General Frankfort, Kentucky.

          BEFORE: GOODWINE, SPALDING, AND L. THOMPSON, JUDGES.

          OPINION

          GOODWINE, JUDGE.

         Andre Mayfield appeals the Fayette Circuit Court's October 4, 2018 order denying his motion to suppress. He argues the circuit court erred by incorrectly ruling that: (1) the warrantless search of his car and person was constitutional; and (2) he was not subjected to a custodial interrogation. Finding no error, we affirm.

         BACKGROUND

         On the evening of April 2, 2017, Lexington police officer Jesse Mascoe pulled over a blue Mercedes driving on West Jefferson Street with an improperly displayed license plate. Coincidently, Officer Mascoe stopped this same vehicle a few months earlier for driving with expired temporary tags from South Carolina. After the driver told him he left his license at home, Officer Mascoe gave him the benefit of the doubt and let him go. Officer Mascoe was not so forgiving a second time.

         When Officer Mascoe approached the vehicle, he smelled marijuana. This prompted him to call for backup. Shortly after the call, two other police officers arrived at the scene. Officer Mascoe immediately asked the driver for his license, but, again, the driver was unable to produce it. The driver said his name was Demetrius Marin and he was born on November 20, 1990. Officer Mascoe went to his patrol car and ran the information given. This search yielded zero results.

         At that point, Officer Mascoe asked the driver to exit the vehicle because he smelled marijuana. While the driver was exiting the vehicle, Officer Mascoe asked "if he had anything in the car he shouldn't have." (Video Record ("VR") 09/24/18; 15:03:20). The driver responded by saying he smoked a joint thirty minutes before being pulled over. Id. at 15:03:30. After a search of the vehicle, Officer Mascoe could not find any evidence of marijuana. He then proceeded to search the driver. Officer Mascoe found a digital scale, $840 dollars in cash, and a bag of marijuana. Right away, and unprompted, the driver confessed to selling "a little bit of weed" earlier that evening. Id. at 15:04:05. At this point, Officer Mascoe Mirandized the driver, who ultimately admitted to giving a false name. Id. at 15:04:08. His real name was Andre Mayfield.[1]

         Officer Mascoe continued his search of Mayfield. He believed he felt something between Mayfield's legs, to which Mayfield responded that it was his genitals, but that did not feel right-it felt like packing material. Id. at 15:04:30. Regardless, Officer Mascoe placed Mayfield under arrest and transported him to the Fayette County Detention Center. While at the jail, a strip search was performed. Bundles of narcotics were found between Mayfield's legs, including heroin, cocaine, and marijuana.

         Mayfield was indicted on a variety of drug and traffic charges.[2] He filed a motion to suppress the "search of his person, and any statements he made to the police prior to his being given a Miranda warning." Record ("R.") at 71. The circuit court held a hearing on September 24, 2018, and entered an order on October 14, 2018, denying Mayfield's motion to suppress, concluding that "[a]ll the evidence gathered in this case flowed from a valid traffic stop and valid search." R. at 82. Due to this ruling, Mayfield entered a conditional guilty plea to one count of trafficking in a controlled substance, greater than two grams of cocaine. Id. at 90. He was sentenced to six years to run concurrent with a federal sentence. The remaining counts were dismissed. This appeal followed.

         STANDARD OF REVIEW

         "The standard of review for a trial court's ruling on a suppression motion is two-fold. We review the trial court's factual findings for clear error and deem conclusive the trial court's factual findings if supported by substantial evidence." Williams v. Commonwealth, 364 S.W.3d 65, 68 (Ky. 2011) (footnote omitted). We review the trial court's ...


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.