Assigned on Briefs October 3, 2017
from the Circuit Court for Tipton County No. 8199 Joe H.
Walker, III, Judge
Defendant, David Wayne Phillips, was convicted by a Tipton
County jury of initiating the manufacture of methamphetamine
and was sentenced by the trial court to ten years in the
Tennessee Department of Correction. On appeal, the Defendant
challenges the trial court's denial of his motion to
suppress statements made to an officer after the Defendant
consented to a search of his bedroom. The Defendant also
argues that the evidence is insufficient to support his
conviction. After a thorough review of the record, we affirm
the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
A. Stowers, Covington, Tennessee, for the appellant, David
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Mike
Dunavant, District Attorney General; and James Walter
Freeland, Jr., Assistant District Attorney General, for the
appellee, State of Tennessee.
Everett Williams, J., delivered the opinion of the court, in
which Norma McGee Ogle and Alan E. Glenn, JJ., joined.
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
a search of his residence, the Defendant was charged with the
initiation of the manufacture of methamphetamine, the
promotion of the manufacture of methamphetamine, aggravated
child abuse, and simple possession of methamphetamine. The
aggravated child abuse charge was dismissed prior to trial,
and the simple possession charge was dismissed during trial.
April 16, 2014, Investigator Brandon Williams of the Tipton
County Sheriff's Department received information from
Phillip Lewis that Shannon Lewis and the Defendant were
manufacturing methamphetamine at the residence of Ms. Lewis.
Investigator Williams conveyed this information to Deputy
Chris Smith, who searched for Ms. Lewis's name in the
TIMIS Registry, which maintains a record of the time and
location of Sudafed purchases. Deputy Smith testified that
the TIMIS Registry showed that Ms. Lewis had purchased
Sudafed the previous day. Deputy Smith and Sergeant Jeffery
Thompson then went to Ms. Lewis's residence. Upon
arrival, Deputy Smith parked his car in the driveway.
Deputy Smith knocked on the door, Ms. Lewis stepped outside
to speak with him. Deputy Smith asked Ms. Lewis about her
purchase of Sudafed from the previous day. Ms. Lewis stated
that several people in the residence needed Sudafed for their
sinuses. She was unable to produce the box of Sudafed she
purchased the previous day.
Lewis orally consented to the search of her purse and
personal items. After searching the purse, Deputy Smith found
a small plastic bag with residue that tested positive for
methamphetamine. He then asked for permission to search the
residence, and Ms. Lewis gave her oral consent.
Defendant, Tasha Eason, and the Defendant's granddaughter
were inside the house. Deputy Smith testified that he did not
smell any odor indicative of methamphetamine manufacturing
when he entered the residence. The Defendant told Deputy
Smith that the back bedroom was his and gave oral consent to
search his bedroom. Deputy Smith explained that he did not
ask the Defendant to sign a written consent form because
there was an audio recording of the conversation. Deputy
Smith also searched the Defendant's bathroom. The
bathroom was adjoined to the bedroom, in that someone would
have to go through the Defendant's bedroom to access the
bathroom. Deputy Smith explained that he did not ask the
Defendant to sign a written consent form because there was an
audio recording of the conversation.
Smith first noted that silver tape was wrapped around the
interior doorframe inside the Defendant's bedroom. Deputy
Smith found what appeared to be methamphetamine on a glass
plate. Next to the plate was burned aluminum foil, which
Deputy Smith testified is indicative of the use of
methamphetamine. In the Defendant's bedroom and the
adjoining bathroom, Deputy Smith found a pill grinder, a
small plastic bag with ammonium nitrate, lithium batteries,
muriatic acid, coffee filters, a cold pack, needle-nose
pliers with burn marks on the ends, and two drink bottles
filled with a clear liquid. Deputy Smith asked the Defendant
about the clear ...