Subject’s statement and cocaine found in clothing sufficient for actual possession
Facts In 2004, Charles Nance was pulled over while driving, for failure to dim his headlights to an oncoming car driven by Officer Draper Williams of the Oktibbeha County Sheriff’s Office. During the course of the traffic stop, Nance was unable to produce his driver’s license or proof of insurance, provided the officer with a […]
probable cause for a traffic stop may arise from an officer’s reasonable belief that windows of the vehicle are excessively tinted in violation of law
Facts Dontay Walker was the passenger in a car that was driven by Shaundrysus Frazier. Frazier testified that he purchased the vehicle from a friend about one month prior to the stop but that the vehicle was not yet titled in his name. The vehicle was stopped by Oktibbeha Deputy Sheriff Michael Hunter. Deputy Hunter […]
Show up lineup was inappropriate but identification was reliable
Facts In 2003, Aaron Clark was cleaning his work van in the parking lot of his apartment complex. As he leaned across the driver’s seat he felt a gun barrel pushed into his back and heard a male voice say “give me what you got.” Clark turned to face the gunman and told him that […]
Strong odor in locked toolbox owned by subject led to constructive possession
Facts In 2003, Sergeant Evan Smith, a Washington County deputy, received an anonymous phone call advising him that Dale Terry was manufacturing methamphetamine at 55 Penny Lane in Washington County. Smith contacted Deputy Dwight Donham and told him to meet at 55 Penny Lane. Upon arrival in separate patrol cars, the deputies proceeded to the […]
Requesting someone take a blood test is not interrogation for miranda purposes
Facts On December 1, 2001, James Smith was driving his truck at a high rate of speed when he ran a stop sign at the corner of South Haugh Avenue and Memorial Boulevard in Picayune, Mississippi. As Smith proceeded through the intersection, his truck collided with a Mitsubishi Montero driven by Kimberly Bogan and then […]
A checkpoint is a balance between public interest and individual’s right of privacy
Facts In 2005, Wayne Frost, acting Chief of Police for Waynesboro Police Department (WPD), issued verbal orders for roadblocks within the city limits of Waynesboro for the month of January. Since there were no written policies concerning roadblocks conducted by the WPD, Frost put oral policies in place. The oral policies regarding road blocks included: […]