police are not required to deliver the Miranda warnings at the precise moment they have probable cause for arrest
Facts In 1997, Officer Alex Hodge pulled over a red Ford Taurus traveling at the rate of 75 mph in a 70 mph zone in Jones County. The driver of the vehicle was James B. Millsap and forty six kilograms of marijuana were found in the trunk of his car. Lieutenant Tony Sarrow, a lieutenant with […]
confession upheld despite claims of youth and lack of intelligence
Facts In 1997, Ellis Spann, nineteen years old, and Jerrian Horne, fourteen years old, entered Uncle Guy’s Quick Stop in Hattiesburg, Mississippi. Spann was armed with a .38 caliber revolver, and Horne with a .22 caliber rifle. The third member of the trio, Terry McLaurin, remained outside the store. Myong Ja Son (commonly referred to […]
No constructive possession found when drugs taken from work truck
Facts In 1997, John T. Frazier and his girlfriend, Angie Sutton, were stopped for questioning in a parking lot in Union County, Mississippi. Frazier was driving a tractor trailer truck owned by Thorton Farms. Several officers asked to search the truck, and Frazier first asked if the officers had a warrant and if he could […]
even if officer loses sight of object thrown, subject can still be charged with actual possession of drugs
Facts In 1998 Deputy William Rouse and Deputy Otis Dyer of the Franklin County Sheriff’s Department were patrolling with Agent Art Thomas of the Mississippi Bureau of Narcotics in Bude, Mississippi. Upon noticing a car with the light out on its rear license plate, Deputy Rouse followed the vehicle and turned on his blue lights […]
Cursing officer was not “fighting words” justifying arrest here
Facts In 1996, Herbert Miller sought the assistance of Houston Police Officer Trances Ford. Miller had a business dispute with Chickasaw Mechanic, Inc. owner William Brendle and believed that discussions with Brendle might lead to an altercation or disturbance. Officer Ford informed Miller that he would only accompany Miller as an observer. Ford, however, allowed […]
Two to three inch difference in height insignificant for photo lineup
Facts In 1996, Willie McCall and Brian Lanier were at the South Mall Apartment complex in Montgomery, Alabama smoking marijuana. Soon thereafter, they walked to another apartment in the same complex to meet William Wilson and a few other friends. While at Wilson’s apartment, Wilson and McCall separated themselves from the rest of the group […]