48 hour rule for initial appearance is not a 4th amendment violation
Facts After a series of burglaries, Scott County law enforcement officers received a tip that stolen goods were being sold from a car of given description and tag number. Larry Lawrence was driving the car when it was located and stopped by a deputy sheriff in the late afternoon of December 30, 1998. The car […]
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 […]