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State v. Duckett10/26/2005
I. Factual Background
Deputy Richard Tinch of the Cumberland County Sheriff's Department testified that on February 28, 2003, he was on patrol and pulled into the Lantana Market in order to buy a soft drink. As he pulled into the parking lot, Deputy Tinch noticed a blue Oldsmobile parked at a gas pump and saw the appellant getting out of the driver's seat. The appellant shut the car door and began pumping gas, and Deputy Tinch went into the store. As Deputy Tinch came out, the appellant passed him. Deputy Tinch recognized the appellant and believed that the appellant's driver's license had been suspended. While the appellant was in the store, Deputy Tinch ran a computer check on the Oldsmobile's license plate and learned that the plate was not registered to the car. When the appellant came out of the store, Deputy Tinch confronted him about the car and his driver's license. The appellant told the deputy that his license had been suspended but that he recently had sent money to the State of Tennessee in order to have the license reinstated. Deputy Tinch ran a computer check on the appellant's license, learned that it had been suspended, and arrested the appellant for driving on a suspended license. Deputy Tinch learned that the license tag on the car was registered to Frances Morrison, the appellant's mother.
Deputy Tinch approached the Oldsmobile and saw Mark Hamby sitting in the front passenger seat and Tiffany Marshall sitting in the back seat. A black leather jacket was in the driver's seat. Deputy Tinch searched the jacket pockets and found a syringe and a partially-smoked marijuana cigarette. Deputy Tinch searched the car and found a jar containing a white liquid underneath the passenger seat. The liquid was field-tested, and it tested positive for ephedrine. Deputy Tinch said that the keys were in the car's ignition and that a roach clip and a brass-colored spoon with some residue on it were attached to the keychain. Deputy Tinch called for a supervisor, and Lieutenant Gary Cox came to the scene. Lieutenant Cox then called Lieutenant David Gibson to the Lantana Market. When Lieutenant Gibson arrived, the officers opened the car's trunk and found boxes of matchbooks, iodine, packets of pseudoephedrine, a large bottle of lighter fluid, plastic tubing, carburetor cleaner, coffee filters, leather work gloves stained dark red, and a Pyrex baking dish. The officers also found a second jar containing a liquid.
On cross-examination, Deputy Tinch testified that he never saw the appellant driving the Oldsmobile, that there was no indication the jacket belonged to the appellant, and that he found no drug paraphernalia on the appellant's person. He stated that he did not remember the appellant's telling him that the appellant was not driving the car and that it was possible Hamby or Marshall had been driving. He stated that the police did not dust the car or the items found in it for fingerprints and that he charged everyone in the car with attempting to manufacture methamphetamine.
Lieutenant David Gibson of the Cumberland County Sheriff's Department testified that he was trained in detecting and dealing with methamphetamine laboratories and was certified to handle methamphetamine labs. On February 28, 2003, he was dispatched to the Lantana Market. He stated that only someone certified in methamphetamine laboratories could handle the items found in the car trunk because the materials used to manufacture methamphetamine could cause an explosion. He stated that the most common method used to make methamphetamine in that area of Tennessee was the red phosphorus method, which required ephedrine, iodine, and phosphorus. He stated that the ephedrine could be obtained fro
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