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STATE v. DOILE3/3/1989
n his mouth, Doile refused. Police forced Doile to expel the item from his mouth. The item was a drinking straw. Officer Turner secured the straw, which contained a white substance. The straw from the billfold was missing. Both the billfold and straw were found to contain traces of cocaine.
As a result of the foregoing events, defendant was charged in case No. 87-CR-60 with: (1) driving under the influence , (2) possession of tetrahydrocannabinols, (3) possession of drug paraphernalia, (4) driving with a suspended license, and (5) possession of cocaine.
Officers then obtained a search warrant for the search of defendant's residence at 706 West Fourth Avenue in Emporia. While executing the search warrant, nineteen items were seized, including a bag of green vegetation, an inhaler bottle with some white powder in it, a green sifter, a plastic bag containing white powder, two silver-grey zipper pouches, a black plastic container, a small black pouch containing two razor blades, and a metal straw and spoon.
KBI testing obtained cocaine-positive results on the billfold, straw, and mirror (items seized at time of arrest), and the inhaler bottle, black plastic container, and green sifter (items seized at the residence). The cigarette and the bag of green vegetation taken from the car tested positive for marijuana.
Defendant was charged in case No. 87-CR-194 with possession of cocaine, possession of tetrahydrocannabinols, and possession of drug paraphernalia. These charges arose from the items seized at defendant's residence. The cases were consolidated for a bench trial. Defendant's motions to suppress all seized items were denied.
Defendant was convicted in the bench trial of the following crimes:
Case No. 87-CR-60:
1. Possession of tetrahydrocannabinols (marijuana);
2. possession of drug paraphernalia;
3. driving with a suspended license; and
4. possession of cocaine (a class B felony due to a previous conviction).
Case No. 87-CR-194:
1. Possession of cocaine (a class B felony due to a previous conviction).
All sentences herein run concurrent with each other. The controlling term is not less than 10 years nor more than 30 years (the sentence received on each of the two cocaine convictions).
Case No. 87-CR-60
We turn now to the issues. The first two issues arise from case No. 87-CR-60 and involve the search and seizure of items from defendant's automobile and his person. For his first point, defendant contends the shining of the flashlight by the police officer into defendant's car while it was parked in the Kona-Coast Club's parking lot was an unreasonable search not justified by
exceptions to the Fourth Amendment to the United States Constitution.
Defendant contends that the parking lot of the Kona-Coast Club was a private area and the officer had no lawful right to shine his flashlight into defendant's automobile. The officer did not open a car door, physically intrude into the vehicle, or remove anything from the vehicle while it was in the parking lot. The officer's curiosity was aroused when he saw Doile put something into the car, and the officer walked over and flashed his light into the vehicle. There he saw what he believed was a marijuana cigarette on the vehicle's console.
Was this a search? We believe not. The officers were in the parking lot on official business — to quell a fight reported in the club. The parking lot was open to those with business in the club. Doil
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