You don’t have to physically arrest someone the moment you have probable cause to do so
Facts In 1995, Officer Wayne Perkins of the Southaven Police Department was driving when Abubakr Williams‘s vehicle suddenly pulled out in front of him, causing him to swerve to avoid a collision. Perkins then called in Williams’s license plate number and pulled him over, asking to see his driver’s license. At that time, Officers Malone […]
Summers doctrine – Detaining people while search warrant executed
Facts Police officers, armed with a search warrant for Sherman Dees‘s residence, proceeded to that location to conduct a search for illegal narcotics. As the officers neared the residence, officers in one vehicle spotted Dees driving away in his own vehicle. These officers proceeded to stop Dees. They informed him that a search of his […]
MTCA section on victim being engaged in commission of crime explained
Facts On April 4, 1994, at 11:00 p.m., LaDarrell Perry, was driving a black vehicle owned by Connie Dixon. Perry did not have a driver’s license at that time. He testified that he was not sure whether he had a learner’s permit. Perry was exiting the parking lot of the Fairmont Apartments, on Raymond Road. […]
refusing Gun shot residue test is admissible
Facts Seventeen-year-old Timmy Hubbert was arrested on a warrant in the early morning hours on July 12, 1997 for the murder of Steve Cotton. Hubbert was given his Miranda warnings both orally and in writing, and he signed a written waiver of his Miranda rights indicating that he understood his rights. Officer Kenny Summers with […]
Homeowner provided consent to search the home
Facts In 1997, after Mandy Gilbreath‘s daughter attempted to sell marijuana at school, Bill Wilbourne, constable for Scott County, and David Gilmore, chief of police in Sebastopol, drove to the home of Mandy Gilbreath. Because the officers suspected that the child brought the marijuana from home, they wished to search the premises. Upon arrival, Wilbourne […]
Miranda waiver does not need to be in writing
Facts In 1978, Becky Roberts’s body was found in the house trailer she shared with her husband at the Showtown East drive-in theater in Pearl, Mississippi. Becky had sustained two gunshot wounds to her head, one through the left eye and one through the forehead, a slashed throat, and several stab wounds, one which had […]