FROM FAYETTE CIRCUIT COURT HONORABLE JOHN E. REYNOLDS, JUDGE
ACTION NO. 17-CR-00627.
FOR APPELLANT: Adam Meyer Assistant Public Advocate
FOR APPELLEE: Andy Beshear Attorney General of Kentucky James
P. Judge Assistant Attorney General Frankfort, Kentucky.
BEFORE: GOODWINE, SPALDING, AND L. THOMPSON, JUDGES.
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.
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
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.
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.
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.
was indicted on a variety of drug and traffic
charges. 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 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 ...