Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Drummer v. State
Citations: 42 So. 3d 563; 2009 Miss. App. LEXIS 933; 2009 WL 4801440Docket: 2008-KA-01225-COA
Court: Court of Appeals of Mississippi; December 15, 2009; Mississippi; State Appellate Court
Tameca Drummer was convicted of possession of marijuana in Alcorn County and sentenced to life imprisonment as a habitual offender, with no possibility of parole or probation. She appealed, arguing that the traffic stop leading to her arrest lacked probable cause and that her life sentence was disproportionate to the offense. During the traffic stop initiated by Officer Shannon Hester, who observed Drummer's vehicle without a license plate and weaving, Drummer's suspended driver's license was discovered. Following her consent, a search revealed cocaine and marijuana in the vehicle. Drummer claimed the marijuana belonged to a man she was dating, contradicting Detective Ben Caldwell's testimony that she admitted taking it from him. Drummer sought to suppress the evidence found in her vehicle, arguing the traffic stop was unjustified under Mississippi law regarding careless driving. The court noted that probable cause for a traffic stop is generally valid if police believe a violation has occurred, regardless of traffic conditions, affirming that the assessment of carelessness involves multiple factors. The court found no error in the trial court's rulings and upheld Drummer's conviction and sentence. Drummer contends that Officer Hester's report inaccurately described her driving, claiming she only touched the center line and stopped at a stop sign, demonstrating compliance with traffic laws. However, Officer Hester testified that she observed Drummer weaving within her lane and crossing a center line, raising concerns about her driving in a residential area. The court referenced a prior case, Henderson, where probable cause for a traffic stop was established under similar circumstances, concluding that Officer Hester had sufficient grounds for the stop due to careless driving. Consequently, the motion to suppress evidence obtained from the traffic stop was denied. Drummer also challenges her life sentence without parole or probation for marijuana possession, arguing it is disproportionate. She requests a review under the three-prong disproportionality test from Solem v. Helm. However, the court determined this claim was procedurally barred as it was not raised at the trial level. Even if considered, the court found the issue meritless because Drummer was sentenced as a habitual offender under Mississippi law, having prior convictions for violent crimes. The court noted that her sentence did not suggest gross disproportionality compared to her offenses, negating the need for a Solem analysis. The circuit court's judgment of conviction for possession of marijuana and the life sentence was affirmed, with all appeal costs assessed to Alcorn County.