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 […]
A stalled car and the automobile exception in Mississippi
Facts Samuel King and Mary Donelson, who owned and operated the Morocco Club (“Club”) in Jackson, Mississippi, were shot and killed during a robbery of the Club. At the time the fatal shots were fired, Cedric Body was standing about 100 yards from the Club. Upon hearing the shots, Body turned and observed one young […]
Closed containers can be opened as part of an inventory search if your departmental regulations authorize this
Facts While driving a tractor-trailer rig, Chester Edwards made a mandatory stop at a state-operated weigh station east of Meridian on the interstate highway. His truck was found to be in compliance with the applicable weight limit. As Edwards drove the truck off of the scales, he was told to park and walk into the […]
Roadblock for checking license is constitutional
Facts In 1998, Gray Dale was stopped at a roadblock set up by the Lafayette County Sheriff’s Department on County Road 149 in Lafayette County. The roadblock was under the direction of shift supervisor Dennis Carlyle, who had decided to set up the roadblock twenty minutes prior to Dale’s arrest. At this roadblock, as a […]
Inventory search of vehicle in accordance with departmental guidelines
Facts In 1997, two officers from the Jackson Police Department were on patrol when they saw Steven Ray was speeding in excess of fifty miles per hour in a thirty mile per hour zone. They also testified that they observed Ray swerve off the right side of the road and back onto the road. After […]
Handling a weapon the day before doesn’t constitute constructive possession
Facts Law enforcement officials entered into an agreement with Perry Horton. Horton would buy crack cocaine from his source in exchange for the State’s dropping forgery charges. He was also given money to relocate. On June 5, 1998, Horton entered Gavin’s Quick Stop to purchase the drugs from the defendant, Charlie Gavin. The store was owned […]