Moving an item to see if it is stolen is not a plain view seizure
Fact In 1996, Robert Thaddison spoke with Officer Frank Leggett concerning an alleged kidnaping and aggravated assault which was allegedly perpetrated upon him by Cornelius Godbold. Mr. Thaddison signed an affidavit concerning these matters and an arrest warrant was issued for the arrest of Godbold. A few days later, Godbold called the Sheriff’s Office to inquire […]
Police initiated interrogation after initial appearance improper
Facts Danny Porter (a.k.a. Danny Soul) and his roommate, Carlos Stewart, were hired by Herman Saunders (a.k.a. Robert “Tricky Mickey” Marsh) to kill Bennie Brown. Porter and Stewart went to Bennie Brown’s home on the morning of October 30, 1993. Stewart rang the doorbell, and Porter hid beside the door. One of Stewart’s schoolmates, Natasha […]
Intoxication does not automatically render a confession involuntary
Facts On March 4, 1994, Biloxi P.D. took a missing person report filed by D.C. Tolbert regarding the missing status of her husband Kenneth Tolbert. D.C. Tolbert reported her last contact with Kenneth was February 24, 1994. Further, D.C. requested the media not be advised of the missing person report. On March 20, 1994, a […]
Automobile exception allows search of car that was abandoned
Facts In 1992, Johnny B. Smith was killed in the liquor store he owned in Sidon, Mississippi, as the result of three gunshot wounds. Taken from the store were a cash register and an extra cash drawer. Also missing was Johnny B.’s handgun which was either a .32 or .38 caliber weapon. The projectiles recovered […]
Additional incriminating evidence lacking here for constructive possession
Facts In 1996, Toby McCarty was stopped for speeding on Highway 25 by two deputies of the Rankin County Sheriff’s Department. After McCarty got out of the car, Deputy Scotty Thompson saw a crushed Dr. Pepper can partway under the driver’s seat of the white Corvette. Thompson testified at the suppression hearing that he could […]
Being in close proximity to drugs not enough for constructive possession in this case
Facts In 1995, Detective Steven Wilson, Jackson Police Department, and seven other officers served a search warrant at 2311 Woodlawn Street. On his approach to the house, Wilson noticed that someone was peering out the front window through a slightly parted curtain. When that person saw the police, the curtain closed very quickly. Wilson, and three […]