Eyewitness to crime is not an informant
Facts On March 28, 2023, Jerry Allen Taylor was indicted by a Scott County grand jury for one count of trafficking methamphetamine in violation of Mississippi Code Annotated section 41-29-139(g) (Rev. 2018). At trial, the State called Captain Willie Anderson of the Scott County Sheriff’s Department as the first witness to testify. He testified that […]
Qualified immunity granted after officer shot subject in back
Facts (If you are new to 1983 actions, click here for help) Officer Derek Bristow responded to a single-vehicle accident and discovered the vehicle was registered to Colton Carico. Carico was not at the scene, so Officer Bristow began driving to his address. On the way, Officer Bristow encountered a witness who described seeing a […]
Search warrant lacked probable cause but it was save by good faith exception
Facts Around 9:45 p.m. on November 17, 2020, pursuant to a search warrant, Investigator Ryan Stachura and other officers with the Pearl River County Sheriff’s Department (PRCSD) searched Brandon Keith Jackson’s residence in Pearl River County. The officers seized approximately ten pounds of marijuana, eighty-three Methylenedioxymethamphetamine (MDMA) pills, half a pound of Tetrahydrocannabinol (THC) edibles, […]
There is no requirement that an officer issue a citation for the predicate traffic violation to have a valid stop or search.
Facts At approximately 11:10 p.m. on the evening of January 17, 2021, Deputy Ben Bryok of the Tate County Sheriff’s Office initiated a traffic stop of a vehicle for failing to use a turn signal. Deputy Bryok approached the vehicle, and the driver identified himself as Glenn Rash. Rash’s girlfriend, Anna Rook, owned the vehicle. […]
Reasonable suspicion for stop cannot (and was not) based solely on seeing bulge that appeared to be a gun
Facts On March 16, 2022, federal agents stopped Damion Wilson pursuant to SCOTUS Terry v. Ohio, 392 U.S. 1 (1968). As he was approaching Wilson, Deputy U.S. Marshal Michael Atkins noticed a bulge in Wilson’s waist area that seemed like a hard object. Based on his training, Deputy Atkins believed the object was a concealed […]
Qualified immunity for officers who detained the wrong man
Facts (If you are new to 1983 actions, click here for help) In August 2020, San Antonio Police Officer Richard Serna responded to a domestic violence call at an apartment complex. As Serna approached, he saw Mathias Ometu, leaving that complex on foot. Ometu is a heavily-bearded black man, and he was wearing a green […]