Reckless disregard not found in accident resulting in death
Facts William and Lynda Irwin (Maxwell as an heir brought suit) were driving westbound on Highway 6 through Panola County. In Panola County, Highway 6 is a four-lane divided highway that runs concurrent with U.S. Route 278. Mrs. Irwin was driving an SUV, going 75 miles per hour in a 65 miles-per-hour zone. Highway 6 […]
Search warrant was not bare boned and thus good faith exception applied
Facts Per a state-issued search warrant containing allegations from a confidential informant that Jimel Harris possessed crack cocaine, law enforcement searched a hotel room where Harris was present. The search yielded 6.9 ounces of synthetic marihuana, cash, cell phones, and a digital scale with cocaine residue. Harris moved to suppress all evidence seized. He said that […]
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 […]