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, […]
A detention that is not brief can turn into a warrantless arrest
Facts In 1998, Michael Wilkerson was found dead in a field in Washington County, Mississippi. He had sustained numerous stabs and cuts from a knife, including a cut to the throat. Police discovered blood in a palm print found in the mud indicating that the person who killed Wilkerson had injured his right hand. By […]
Telling a subject that a lawyer is not representing him is not interrogation
Facts In 2000, the victim L.B. completed her work-out at the YMCA in Hattiesburg. As she drove home, she noticed in her rear-view mirror a vehicle with unusual headlights, one bright and one dim, speeding past other motorists. When the vehicle got directly behind her, L.B. slowed so it could pass. The vehicle similarly slowed. […]
there is a heavy burden on defendants who are contesting a pretrial identification procedure
Facts In 2000, Vernon Brown went into the Piggly Wiggly Grocery Store (Piggly Wiggly) in Fulton, Itawamba County, Mississippi. Brown walked to the cashier in the Piggly Wiggly with approximately $90.00 worth of groceries. Brown gave Kantress Evans, the cashier, a check. The check was drawn on a Tupelo Foam Sales, Incorporated account, was payable […]
Checkpoint for driver’s license is proper
Facts In 2000, Mississippi Highway Patrol Officer Todd Miller requested permission of his supervisor to set up a vehicle checkpoint in Greene County on Highway 57. Miller received permission and the vehicle checkpoint was set up around 11:00 p.m. Miller was assisted at this checkpoint by two officers of the Greene County Sheriff’s Department. The […]
A person may be convicted of DUI even if there is no eyewitness presented who viewed the defendant operating the vehicle
Facts In 2000 Officer Mark Wilcher of the Leake County Sheriff’s Department and Constable Randy Atkinson of Leake County responded to a call regarding a disturbance at 4585 Midway Road. Mrs. Janie Wilbanks testified that someone (later identified as Gary Horn) came to her door and stated that he had run off the road and would […]