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 […]
Court punts on deciding whether Summers doctrine can apply when vehicle is 250 yards away from house
Facts As part of a three-month drug trafficking investigation, officers in the East Baton Rouge Sheriff’s Office began conducting recorded video surveillance of Courtney D. Clayton’s home, which he shared with his mother. In addition, officers placed GPS tracking devices on a black Mercedes Benz and a silver Land Rover associated with the Claytons. Officers […]
Qualified immunity granted where shots were fired at night as vehicle moved towards location where officer stood just seconds prior
Facts (If you are new to 1983 actions, click here for help) On the evening of January 17, 2017, Genevieve Dawes and her husband, Virgilio Rosales, parked a black Dodge Journey in the back corner of an apartment complex parking lot and went to sleep in the vehicle. A resident called police and reported a […]
Additional incriminating evidence found in constructive possession case
Facts Officers with the Jasper County Sheriff’s Department received a bench warrant for James Johnson’s (aka Bobo) arrest based on an unrelated incident. When officers dressed in plain clothes arrived at Johnson’s mother’s home (his last known whereabouts), they saw Johnson in the passenger seat of a black Chevy Trailblazer. As they approached, Johnson noticed […]