MS: Def’s consent moots his lack of PC claim

Defendant’s claim of lack of probable cause goes unanswered because there is plenty of evidence of consent. Harris v. State, 2020 Miss. App. LEXIS 499 (Aug. 25, 2020):*

Harris does not dispute that he consented to Sergeant Conner’s request to search the truck. Nor does he contend that Sergeant Conner employed coercive tactics to obtain his consent. Additionally, Harris makes no assertion that he was under the influence of alcohol or drugs, or in any way impaired, when he provided his consent. At the time of the traffic stop, Harris had obtained some college education, was an experienced business owner, and had prior convictions that afforded him familiarity with criminal-justice proceedings. Prior to giving permission to search the truck, Harris had been advised of his Miranda rights and had indicated that he understood his constitutional rights. Sergeant Conner’s testimony also reflected that Harris was generally cooperative in answering the officer’s questions about the truck’s ownership. Accordingly, we decline to address Harris’s argument that Sergeant Conner lacked probable cause for the search, and we find no error in the circuit court’s denial of Harris’s motion to suppress the evidence recovered from the truck.