Knock and talk led to consensual search of home
Facts Maria Torres de Lopez was convicted by a jury of conspiracy to harbor aliens and sentenced to six months of imprisonment. On appeal, Torres de Lopez argues that the district court erred in denying her motion to suppress all evidence obtained following a warrantless search of her home. Border Patrol agents approached Torres de Lopez’s […]
There was sufficient probable cause for car stop which resulted in DUI conviction
Facts In 2018, Officer Joshua Parrot with the Horn Lake Police Department initiated a traffic stop on Kelvin Edwards. He was cited for operating a motor vehicle with a BAC of .08 percent or more in violation of Mississippi Code Annotated section 63-11-30(1)(d)(i) (Supp. 2017). Edwards was also cited for driving without headlights in violation […]
Search warrant was not bare boned or conclusory and is therefore admissible
Facts Marquel Devon Robinson pleaded guilty (pursuant to a plea agreement) to possessing heroin with intent to distribute. Before entering that plea, Robinson filed a motion to suppress certain evidence that he alleged was the product of an unconstitutional search warrant. The district court denied that motion, adopting the magistrate judge’s report and recommendation. On […]
Exigent circumstances allowed warrantless search of backpack
Facts A jury convicted Cyril Lartigue of possessing an unregistered destructive device, specifically, a combination of glass bottles, a flammable liquid, pieces of cloth, and a lighter, which constituted parts that Lartigue intended to assemble into a Molotov cocktail, in violation of 26 U.S.C. § 5861(d). The district court sentenced him below the applicable guidelines […]
Constructive possession affirmed for non-owner of vehicle based on additional incriminating circumstances
Facts Officer Bobby Herron of the Crystal Springs Police Department testified that in 2020, he received a call from another police officer alerting him that Dcorious Alford was in town at the Community Quick Stop. Herron explained that Alford had an outstanding warrant out for his arrest. The officers located the van Alford was driving and […]
Summary judgement remanded for officers entering home without warrant or consent
Facts Isaac Pollard, who has autism, lives with his parents, Ronnie and Lisa Pollard, in Olive Branch, Mississippi. On the night in question, Isaac went for a late-night run in his neighborhood and then retraced the route in his white pickup truck to confirm the mileage of his run. While driving his route, Isaac was […]