Clothes taken from arrestees can be searched (and analyzed) incident to arrest
Facts The last time that Patty Milliken was seen alive was at the conclusion of her shift at 8:00 p.m., November 21, 1995, at the Majik Mart in Biloxi, Mississippi. She told her co-worker, James Leland Hartley, that she was going outside to smoke and talk to William Gerald Mitchell and that she would return […]
Subject provided consent to take blood test in this case
Facts In 1998, a collision occurred between Kenyon Wash and Conrad and Jeannie Fitzhugh. The evidence presented at trial established that at the time of the collision, Wash was driving on the wrong side of the road. Conrad Fitzhugh died some twenty hours later as result of injuries sustained in the accident. An eyewitness of […]
Strong objection to allowing witnesses to look at photo lineup together for identification
Facts In 1999, Tim Seese’s job was to put Tom’s Snacks into Sims’s vending machines. Seese was accounting for his stock inside Laird Hospital when an estimated $500-$600 was taken from his delivery van. Two hospital employees, Sherry Whinery and Faye Walker, entered the parking lot area after work and noticed a red car speeding into […]
Being negligent does not constitute reckless disregard under MTCA
Facts In 1997, Officer Michael Maldonado, a deputy sheriff with the Hinds County Sheriff’s Department, was driving his patrol car to the service shop for regular maintenance. He was accompanied by deputy Wes Snyder. Driving from the west on Court Street, Maldonado approached the intersection of Court and Clinton Streets in Raymond, Mississippi. The intersection […]
Not every inventory search requires impoundment of the vehicle
Facts In 1998, two Philadelphia police officers noticed a car with its headlights on behind an abandoned building in Philadelphia. The officers investigated and found Prenice Bolden standing outside his car urinating. The officers asked Bolden for some identification. He reached into his car and removed a driver’s license from above the driver’s side sun […]
Non owner of vehicle had additional incriminating circumstances for constructive possession
Facts In 1998, several officers at the Laurel Police Department had been asked to investigate reports of drug activities in a certain area of Laurel, Mississippi. During the time that the officers were present at the Laurel Housing Authority Projects in accordance with their investigation, Andrew Ducksworth was seated in the driver’s seat of a […]