Proximity to drug plus statements equals constructive possession in this case
Facts In 2002, Tommy Stewart was driving within the city limits of Brookhaven, Mississippi, in a car allegedly owned by an individual named Sharon Weathersby, an “ex-friend” of Stewart’s. Officer Tony Moak of the Brookhaven Police Department observed Stewart driving the car. Knowing that Stewart did not have a driver’s license, Officer Moak stopped the […]
You don’t need probable cause or a warrant if you have consent
Facts In 2003, Walthall County District Five Supervisor Clifton “Pop” Carr arrived at work to find that two buildings on the district’s property had been burglarized. Carr testified that the doors to the district’s main shop and a smaller tool shed had been pried open, and that several items had been removed from the buildings. Billy […]
Taking clothes is not a 5th amendment issue but it could be a 4th amendment issue
Facts In 2000, Jane Doe, and Allen Scott, were found severely beaten and in critical condition on the side of the road near Durant, Mississippi. Earlier that day, a rest stop security officer had seen them and bought them bus tickets to return to their homes in Texas. Later that day, Durant police officer Howard […]
Inventory of suitcase was proper
Facts After working an eight-hour shift in 2003, Detective Denise McMullen of the Meridian Police Department attempted to serve a felony warrant on Billy Ray Bradley. She received an anonymous tip as to Bradley’s location but received a subsequent tip that Bradley was near the North Frontage Road in Meridian. McMullen spotted Bradley, carrying a […]
Visitor had more than mere presence at site to justify constructive possession of drugs
Facts Upon executing a search warrant in 2001, officers from the Warren County Sheriff’s Department found numerous precursor chemicals to crystal methamphetamine, along with the completed product, filters, scales, and plastic bags, under the stilt-structured mobile home of Richard Earl Kerns, Jr. Randy Lewis of the Warren County Sheriff’s Office testified that a working laboratory for […]
Search warrant based on C.I. not valid when there is no statement of reliability as to the C.I.
Facts In 2001, a confidential informant (C.I.) placed telephone calls to Agent Jimmie Nichols of the Mississippi Bureau of Narcotics and Deputy Investigator Mark Wilcher of the Leake County Sheriff’s Office. The C.I. reported that he had been at Adam Roebuck’s residence and had seen methamphetamine inside Roebuck’s house. The C.I. also reported that he […]