Sheridan v. State
Sheridan v. State
Opinion
In a two-count indictment, James Edward Sheridan was charged with the unlawful possession of a controlled substance in violation of §
A defendant is bound by the grounds of objection stated at trial and may not expand those grounds on appeal. Bell v.State,
Samuel v. State,"A general objection which does not specify grounds preserves nothing for review unless the ground is so obvious that the court's failure to act constitutes prejudicial error, . . . or unless the objected to matter is clearly not proper for any purpose. . . ."
Sheridan is therefore barred by the general ground for his objection stated in his suppression motion and at trial and may not now expand that ground to include the four specific grounds raised on appeal.
We note that although this issue was not preserved for appeal, the police officers had probable cause to search Sheridan's van under the probable cause coupled with exigent circumstances exception to the warrant requirement. Probable cause exists where all the facts and circumstances within the officer's knowledge are sufficient to warrant a person of reasonable caution to conclude that an offense has been or is being committed and that contraband would be found in the place to be searched. State v. Hammac,
On March 15, 1990, Denny Merritt, an investigator for the Covington County Sheriffs Department, was approached by Robert Gundrum, a confidential informant, who supplied some information. Based on this information, Merritt decided to place a microphone on Gundrum, who was to try to *Page 131 purchase cocaine from Sheridan. Merritt and Captain Jerry Newton of the Andalusia Department of Public Safety heard the conversation between Gundrum and Sheridan that occurred in the parking lot of the Flamingo Club. Merritt and Newton heard Sheridan ask Gundrum whether he wanted a $10 or $20 piece. Sheridan then told Gundrum that he was getting a good size rock for $20. After the transaction occurred, Merritt and Newton approached Sheridan's van and apprehended Sheridan.
The facts and circumstances within the knowledge of the two officers were sufficient to warrant a person of reasonable caution to believe that an offense had been committed and that further contraband could be found in Sheridan's vehicle. Hence, the trial court properly denied Sheridan's motion to suppress.
During the prosecutor's examination of Merritt, the following occurred:
"Q. Okay. Now, what did you hear the Defendant say over that body mike?
"MR. LAIRD: I object. Hearsay.
"THE COURT: Overruled.
"Q. All right. Denny, we are going back now. We have laid the predicate for his voice, your recognizing it. After you had let your Defendant off there two blocks away from the Flamingo Club and went to the Board of Education building?
"A. Correct.
"Q. All right. Did you hear your informant have a conversation with the Defendant?
"A. Yes, I did.
"Q. All right. Tell us what you heard the Defendant say to begin with?
"MR. LAIRD: Again, I object. Hearsay.
"THE COURT: Overruled.
"A. The Defendant stated, what do you need, a ten or a twenty dollar.
"Q. All right. And did some conversation take place?
"A. Yes, it did.
"Q. All right. What was the last thing you heard the Defendant say?
"A. The Defendant told him that was a good twenty dollar rock for twenty dollars.
"Q. Okay. All right. What is the nickname for a twenty dollar rock?
"A. The nickname for a twenty dollar rock is crack cocaine."
It is well settled that the acts, declarations, and demeanor of an accused before or after the offense, whether a part of the res gestae or not, are admissible against him, but that unless they are a part of the res gestae they are not admissible for him. Smoot v. State,
In the case sub judice, Sheridan's statements heard over the electronic transmitter were admissible to show a consciousness of guilt on Sheridan's part and were properly admitted into evidence against Sheridan.
A determination of the admissibility of evidence rests within the discretion of the trial court and will not be disturbed on appeal absent a clear showing of an abuse of that discretion.Mitchell v. State, *Page 132
The informant did not testify as a witness in Sheridan's trial. Hence, the question of whether the informant might have had an interest in the investigation and outcome of Sheridan's trial was not relevant to Merritt's testimony, especially in light of the fact that Merritt had no knowledge about the charge against the informant or the subsequent nolle prosse. Because Sheridan did not subpoena the informant as a witness at his trial, he cannot now complain that he was unable to admit into evidence the certified copy of the charge against the informant, which was later nol-prossed.
Because, moreover, the probable cause for the search and for Sheridan's arrest was based on what the officers actually heard Sheridan say to the informant, the reliability of the informant had no logical connection or pertinency to any disputed issue during Sheridan's trial. The trial court therefore properly sustained the State's objection to the admissibility of the certified copy of the charge against the informant.
During the prosecutor's examination of Newton, the following occurred:
"Q. Did you even hear the informant Gundrum go into the Flamingo Club?
"A. No, sir.
"Q. Did he go in?
"A. All right.
"MR. LAIRD [defense counsel]: Objection. That. . . ."MR. McGUIRE [prosecutor]: Well, I'm going to. . . .
"THE COURT: I don't — what has this got to do with rebutting stuff. . . .
"MR. McGUIRE: He said that Mr. Gundrum came in the Flamingo Club and asked him for change. That's what I'm getting. . . .
"THE COURT: All right.
"MR. LAIRD: It is speculation on this witness' part as to whether he went inside the club or not, because he has already testified that he was out of sight for some twenty minutes."THE COURT: Well, I sustain on the basis of your predicate so far.
"MR. McGUIRE: Okay.
"Q. Jerry, you heard the conversation between the Defendant and Robert Gundrum?
"A. Yes, sir.
"Q. All right. Did you hear any discussion take place about changing a twenty dollar bill?
"A. No, sir.
"MR. LAIRD: Objection. Improper predicate. Move to strike.
"THE COURT: Overruled.
"Q. All right. Have you ever heard a transmission coming from inside the Flamingo Club before over the mike? I mean my question is, can you tell? Are you able to tell if a person goes inside or not?
"MR. LAIRD: Objection. Speculation.
"THE COURT: Well, I sustain the objection and would ask you to break down your questions so that I can tell just what it is he is responding to out of that series.
"MR. McGUIRE: Okay.
"Q. Jerry, if a person goes in a place where there is music playing, do you pick that up on the tape? On the mike?
"A. Yes, sir. *Page 133
"Q. All right. Did you hear anything like that?
"A. No, sir.
"Q. All right. And you heard no discussion whatsoever concerning changing a twenty dollar bill?
"A. No sir."
It is undisputed that a witness cannot testify to facts that are not within the witness's knowledge. Andrews v. State,
The colloquy set forth above clearly shows that Newton testified to facts that were within his knowledge (he did not hear music playing in the background during his electronic surveillance of Sheridan and the informant) after the State had laid a proper predicate for the testimony (if Sheridan and the informant had entered a place where music was playing, the microphone on the informant would have picked up the music and it would have been recorded on the tape). Hence, the trial court did not err when it overruled Sheridan's objection to this testimony.
The foregoing opinion was prepared by JAMES H. FAULKNER, Retired Justice, Supreme Court of Alabama, serving as a judge of this court, and his opinion is adopted as that of this court.
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- James Edward Sheridan v. State.
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- Published