Odor of marijuana provided the reasonable suspicion to extend the traffic stop
Facts Latorris Conley appeals his conviction of possession of a firearm and ammunition by a convicted felon, see 18 U.S.C. § 922(g)(1), and the resulting 70 months of imprisonment. Conley argues that the district court erred by denying his motion to suppress the evidence seized from the search of the vehicle he was driving, contending that […]
Affidavit was not bare-boned and thus good faith exception applies
Facts Tylan Tilford entered a conditional guilty plea to possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g), reserving the right to appeal the denial of his motion to suppress evidence recovered from his residence pursuant to a search warrant. He contends the district court erred by applying the good-faith exception […]
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 […]