upon touch, officer had probable cause that bulge was marijuana under plain feel exception
Facts In 2003, Officer James Ramsey, a City of Meridian police officer, used his radar gun to clock Kirby Tate driving 45 MPH in a 30 MPH zone. Tate was driving a small pickup truck with a built-in refrigeration unit on the back. Ramsey also noticed that the truck had a broken brake light and that Tate […]
police are not required to deliver the Miranda warnings at the precise moment they have probable cause for arrest
Facts In 2002, Officer Tonya McWhirter was dispatched to investigate an accident which had occurred in the parking lot at Michael’s Restaurant in Louisville, Mississippi. McWhirter requested additional officers and Officer Greg Clark responded. Clark began to question Joseph Levine about the accident and noticed the odor of an intoxicant coming from Levine. When questioned about the […]
Aggravated assault on a law enforcement officer
Facts In 2003, Andrew Barrett, Florence P.D., saw a silver Caprice run a stop sign at the intersection of Old Highway 49 and Erlich Road. Lt. Barrett stopped the vehicle and asked the driver, Robert Anthony Hubbard, for his license. Barrett noted that while the passenger was using her seat belt, Hubbard was not. Lt. Barrett […]
Driver has no standing to object to a search of a presumably stolen vehicle
Facts In 2001, Edmond Hebert invited Fred Spicer to live with him in his trailer in Lucedale, Mississippi. At the same time, Hebert helped Spicer obtain employment with the roofing company for which Hebert worked. One night, Hebert and Spicer left work and drove to Woody’s Outpost in Jackson County, Mississippi, where they bought beer, […]
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 […]