clothing and statement were both voluntarily provided to police

Facts Nathaniel Edwards, Sr. (victim) was the 89 year-old father of Nathaniel Edwards, Jr. (Edwards). Since 1998, Edwards had resided with the victim. In 2001, the victim went to visit Carey Hayes to request his assistance in evicting Edwards from the victim’s house. Hayes was the victim’s neighbor and a deputy police officer for Tallahatchie […]

Checkpoint was properly administered in this case

Facts On the evening of March 15, 2002, Eric Johnston drove his vehicle to where a driver’s license checkpoint was being maintained by the Leake County Sheriff’s Department at the intersection of Gunter and Salem Roads. Upon stopping at the checkpoint and relinquishing his license to the deputy to check its validity, the deputy was […]

Question about activated lights in this MTCA case

Facts On March 5, 1997, between one and two o’clock in the morning, Officer Charles White with the Cleveland Police Department observed a black truck moving erratically near the intersection of Chrisman Avenue and White Street in Cleveland, Mississippi. After the driver of the truck refused to stop, Officer White requested back-up. A chase ensued […]

DUI conviction stands even though possession of beer was dismissed in another court

Facts In 2000, deputies with the Copiah County Sheriff’s Department had set up a routine roadblock on Highway 18 in Copiah County to check licenses and look for alcohol. When James Mayo approached the roadblock, his driver’s license was checked. Officer Tommy Rials indicated that Mayo had an open container of beer in plain view […]

Telephonic warrant not allowed but good faith affirms the conviction

Facts Jeremy Stevens and Brandon Wigley were suspected of dealing marijuana. In 1998, the Warren County Sheriff’s Department set up a “sting” operation in which undercover officer Tim Williams attempted to buy $40 of marijuana from Stevens. Stevens offered to find some marijuana for Williams if he would front him $40. Stevens was given $40 […]

Searching clothing during arrest booking and seizing contraband

Facts In 2001, a Mississippi State Trooper was on patrol traveling south on Highway 45 when his radar registered a vehicle traveling north at a rate of 83 miles per hour in a 55 miles per hour zone. The trooper pursued the vehicle, which did not stop despite the flashing blue lights. After several miles, […]