Admission and proximity equals constructive possession
Facts In 2002, Officers Shane Lang and Dustin Sanders of the Carthage Police Department stopped a vehicle driven by Carl Lewis because the vehicle did not have a tag. Jermaine Moore was a passenger in the vehicle. As Lang approached the driver’s side of the vehicle shining his flashlight in the vehicle, he saw “a […]
Seizure of DNA evidence not protected by fifth amendment
Facts On April 24, 2000, at approximately 1:00 a.m., a man with a handgun accosted H.C. and N.S. in the parking lot of the Hattiesburg restaurant where they worked. The man forced H.C. to drive him and N.S. to a secluded area near the Laurel-Hattiesburg airport, where he raped both of them. He stole H.C.’s […]
Officer found in reckless disregard despite other driver making improper left turn
Facts At 6:30 a.m. on October 11, 1999, Sammie Durn was driving south on a two-lane area of U.S. Highway 49 north of Indianola. He was headed to the school bus garage to warm up his bus before picking up the children along his bus route. As Durn was driving south on Highway 49, State […]
Officer thought a jet plane had passed
Facts In 2000, Nathaniel Burnett was driving at a high rate of speed in Oktibbeha County. He was pursued by Deputy Sheriff Roy Moore in a marked patrol car. Moore had been parked in a driveway alongside the road in order to investigate complaints about speeders. Moore determined that Burnett’s car was traveling more than […]
Officer doesn’t have to see subject driving vehicle to charge them under 63-11-30
Facts In 2001, Johnny Ray Holloway drove to a club in Hakley, Louisiana. He indicated that he drank one 16 ounce beer and decided to return to his home in Foxworth, Mississippi. According to Holloway, while driving home near Dexter, he heard a popping noise and pulled to the side of the road, where the […]
Officer sees subject throw item to the ground
Facts In 2000, Alfred Griffin and Troy Johnson were sitting in front of Griffin’s apartment drinking beer, which was not allowed on the apartment complex premises. Officer James Carney was providing security for the apartment complex when he noticed a brown paper bag on the porch near Griffin and Johnson. Suspecting it contained beer, Carney […]