you can’t initiate an arrest unless you believe that a breach of the peace was being threatened or a crime was about to be committed
Facts In 1998, Hinds County Sheriff’s Deputy Donnie Newman stopped at the Pit Stop Grocery in Raymond, Mississippi, on Highway 18 to fuel his police cruiser. After filling the tank, Newman paid for his purchase and spoke briefly with the attendant on duty. Newman heard someone calling for his attention as he walked back to […]
Being in the room with drugs not enough for constructive possession in this case
Facts In 1996, six police officers, pursuant to a search warrant, entered the Jackson home owned by Darrin Fox’s mother, where they arrested six individuals and recovered slightly more than eight ounces of marijuana. Those arrested included: Felton Martin, Jr. (the defendant); Darrin Fox (Martin’s co- defendant); DeMarcus Kelly; Gregory Fox (Darrin’s brother); Marland Buckley; […]
admissibility of confession hinges on degree of intoxication
Facts Shannon Baggett and his girlfriend, Donna Timmons, were at Baggett’s grandmother’s home when he became enraged and attacked Timmons. Baggett’s grandmother, Marie Baggett, witnessed the entire encounter. Baggett strangled, beat, kicked, and stomped Timmons, and stabbed her over 80 times with a screwdriver. Baggett gave a statement saying he then took mercy on her […]
Good faith and reasonable mistake of law still provides probable cause for stop
Facts At 1:30 a.m. on May 31, 1998, Lincoln County Sheriff Deputies Chris Picou and Anthony Foster were monitoring traffic on Interstate 55. The deputies parked in a construction area watching north bound traffic and drove a Sheriffs Department K-9 unit vehicle containing a drug sniffing dog. The construction zone was marked with a 60 […]
Passenger of vehicle does not have standing to object to search of car
Facts In 1999, Rankin County Deputy Shannon Penn was sitting in his parked patrol car on Interstate 20, when he saw a white Dodge Intrepid pass by him and noticed that the driver was riding the brakes and continued to do so for approximately a mile. Penn cited this as strange behavior and followed the car. […]
City and officer immune under MTCA when brakes failed causing accident
Facts On October 7, 1998, Martin Scott McGrath alleged that Gautier P.D. Officer Vincent D. Nicholson, while acting in the course and scope of his employment with the City, negligently collided with the rear of his vehicle on October 14, 1997. According to the accident report, the officer, while on duty, was driving when the […]