State v. Winsor

110 S.W.3d 882 (2003)

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Nature of the Case

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Facts

D operated a small blue automobile while driving southbound, in the wrong direction, on Nichols Street, a one-way street for northbound traffic only. D was pulled over by an officer. D had two outstanding warrants issued in Cole County, Missouri. The warrants were for possession of a controlled substance and violation of probation. D was placed under arrest on the two warrants. The officer searched D's person and discovered a cigarette package in his sweatshirt pocket. The cigarette package contained two partially burned marijuana cigarettes. A search of the cabin of the vehicle discovered a small red pipe on the floorboard in front of the driver's seat. D was transported to the Fulton Police Department for processing prior to incarceration at the Callaway County Jail. At the Fulton City Police Department, D was asked if he had anything else on him that was not located during his search. D was also advised that if he took any drugs into the jail it would constitute a felony. D remained silent. At the jail, Correction Officer Chaney searched D as part of the admission booking process and discovered a 'baggie' containing a green leafy substance in the waistband of D's shorts. The substance was analyzed and found to be marijuana. D was charged with the possession of a controlled substance on the premises of a county jail. The trial court found D guilty of possession of controlled substance on the premises of the Callaway County Jail. The court sentenced Appellant to three years in the Department of Corrections but suspended execution of sentence and placed him on five years probation. D appealed. D claims he was not voluntarily on the premises so could not have voluntarily brought a controlled substance onto them.