Statement properly admitted from subject who killed someone in a drug induced psychosis
Facts On September 5, 2020, shortly after midnight, 911 dispatch received a call regarding vehicle headlights that were shining in the caller’s home window. Upon arriving at the scene, officers found Jennifer Marie Irby-Melgoza inside a truck that had crashed into a tree. She was covered in blood when the officers arrived and appeared to […]
Subject not in custody when interviewed at his office
Facts This case arises out of an internet child-pornography-sharing investigation that led law enforcement to an internet protocol (IP) address linked to Seth Perricone’s mother. Perricone lived with his parents (Perricone’s residence). A magistrate judge on 24 January 2018 issued a search warrant for Perricone’s person, vehicle, and residence. He spoke at length on 25 […]
confession of 15 year old was voluntary
Facts C.B. testified that in June 2014, Christopher Smith sexually assaulted her. At the time of the assault, C.B. was six years old, and Smith was fifteen years old. C.B. immediately reported the incident to her mother, identifying Smith as the perpetrator. C.B.’s mother took her to a hospital in Amory, Mississippi, where C.B. was […]
There was an Edwards error but it was harmless in this case
Facts On April 29, 2021, two-year-old Nolan Norris was struck and killed by a pickup truck on Highway 492 in front of his home near Union, Mississippi. The truck’s driver, Andrew Winstead, was later indicted under Mississippi Code Annotated section 63-3-401 (Rev. 2022) for leaving the scene of an accident resulting in death. Nolan’s mother, […]
ELSAG data and conducting criminal history check not used by court to determine if extending stop was proper
Facts On February 12, 2020, Louisiana State Police Sergeant Brett McKee was watching eastbound traffic while stationed on the shoulder of I-10. As a member of the interdiction patrol, he was looking for traffic violations and other, more serious criminal activity, including drug trafficking. McKee had served on the patrol for two years and with […]
Vehicle searched improperly and police used excessive force
Facts (If you are new to 1983 actions, click here for help) While patrolling San Antonio at about 5:00 a.m., Officer Carl Kerawalla spotted an Enterprise box truck. It was parked on private property behind a strip mall, with its driver’s side door open. Jose Castro, a delivery driver, had parked the truck to take […]