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Williams v. State11/10/2004
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellant Deryl Williams was convicted of driving while intoxicated after being found asleep in his truck on September 4, 2002. Williams appeals from the trial court's order and judgment entered against him on October 14, 2003. On appeal, he contends that (1) the trial court erred in denying his motion to suppress evidence because the officer violated his Fourth Amendment right to be free from unreasonable searches and seizures, and (2) the trial court erred in finding that he was in actual control of a vehicle within the meaning of Ark. Code Ann. § 5-65-103(a). We hold that the officer did not violate Williams's Fourth Amendment rights and find that Williams's second point is not preserved for appeal; thus, we affirm.
On September 4, 2002, sometime between 10:45 and 11:00 p.m., police officer Michael Hendrix was patrolling the Motor Inn Motor Home Park in Springdale, Arkansas. The evidence revealed that Williams's truck was parked in front of his trailer. Officer Hendrix testified that, while patrolling the area, he noticed the brake lights on the truck. Hendrix stated that no other lights were on, just the brake lights.
According to his testimony, Officer Hendrix drove by Williams's truck to see if anyone was going to get out of the vehicle and go inside the trailer. Hendrix stated that he noticed Williams inside the truck leaned over against the driver's side asleep. Hendrix testified that, as he drove by, he did not see Williams move or attempt to get out of the vehicle. Hendrix further testified that he then went up to the vehicle and knocked on the window several times, at which point Williams woke up "dazed and startled ... with a confused look on his face." Hendrix said that he asked Williams to open the door or roll down his window, and when Williams opened the door, there was a "strong odor of intoxicants." Hendrix also testified that he noticed Williams's keys "hanging down on the side of the ignition," but that the truck was not running. According to Hendrix's testimony, Williams admitted that he had been drinking. Hendrix then contacted Springdale police officer Justin Ingram, a DWI task force member, and requested his assistance.
On cross-examination, Officer Hendrix explained that he was on routine patrol the night of September 4, 2002, and that he was not responding to any report of illegal activity in the trailer park. Furthermore, Hendrix stated that the truck was parked on Williams's property, that the engine was not running, and that the vehicle was off the road and not on any public street. Hendrix said that at the time he approached Williams's vehicle, he did not know that Williams lived in the trailer or that the truck was Williams's vehicle, but was only checking on Williams's welfare.
The State also presented testimony from Officer Ingram. According to this testimony, when Ingram arrived, Williams was still seated in the truck, the keys were in the truck's ignition, and the truck was not running. Ingram stated that he found several full cans of Mike's Hard Lemonade and one full can of Coors Light beer in a cooler in the back of Williams's truck. Ingram further testified that, as part of the booking, Williams gave his address as 615 North Park in Lockesburg, Arkansas.
On cross-examination, Ingram said that he did not know if the truck had been operated or if it was operational prior to Williams's arrest. Ingram also stated that he did not see Williams drive that evening. It was stipulated that Williams was intoxicated at the time of his arrest.
Williams then testified in his defense, explaining that his actual residence was in Lockesburg, Arkansa
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