Identity of informant does not need to be disclosed here
Facts The residence of defendant Dewain “Bubba” Jenkins was searched by the Neshoba County sheriff, a deputy, and agents of the Mississippi Bureau of Narcotics in 1996. A search warrant had been acquired based on information provided by a confidential informant. Jenkins was there with his girlfriend and their small child. In bedrooms the officers […]
Search incident to arrest not appropriate once subject is in police car (Gant has clarified rules on this)
Facts A city police officer for the City of Crystal Springs, Officer LeFleur, observed two males in the vicinity of a pick-up truck improperly stopped in a lane of traffic in a public road. Upon stopping to investigate, he found Elwood White sitting on the driver’s side of the truck and his brother William White standing […]
Allowing drunk driver to continue driving and cause wreck is reckless disregard under MTCA
Facts Trista Turner was injured in a collision with a drunk driver. Turner filed a complaint in Sunflower County Circuit Court against the drunk driver and the City of Ruleville. Turner alleged that the driver, James E. Smith, was operating the vehicle without a valid driver’s license and while visibly intoxicated with a blood alcohol […]
Constructive possession not proven against wife who rode in truck with husband
Facts In 1993, Sergeant Potts and Captain Randy Sibley of the Mississippi Highway Patrol were working on Interstate 10 in Jackson County, Mississippi. Inspector Bruce Ford, Jr. and Inspector Wayne Dupont of the Mississippi Public Service Commission (MPSC) were working in conjunction with Potts and Sibley, who used a radar device to determine that an 18 […]
Bugging doesn’t violate the fourth amendment when one of the parties consents
Facts Roy Kim Price was in the Lowndes County Jail on cocaine possession charges and with assault and burglary charges pending against him when he went to Officers Kevin Petrie and Joey Brackin, both narcotics officers, offering to assist them in narcotics cases if they would assist him on the pending charges against him. Price […]
Weekend trip without clothing was factor in constructive possession finding
Facts In 1995, Jose Guerrero was pulled over for a traffic violation. Acting on a tip received from the Smith County Sheriff’s Department via radio dispatch, Officers Doug Hill and Kevin Flynn of the Laurel Police Department set up surveillance near the Laurel city limits. The dispatch advised Hill and Flynn that a white Ford pickup […]