Court constricts, even if it does not quite eliminate, damages actions under Bivens
Facts Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington. The inn abuts the international border between Canada and the United States. Boule at times helped federal agents identify and apprehend persons engaged in unlawful cross border activity on or near his property. But Boule also would provide transportation and lodging to illegal border crossers. […]
actual possession established if an officer witnesses the defendant tossing an object later found to be drugs
Facts In 2020, Vicksburg Police Department Investigator Donnie Heggins was on patrol with Investigator Mario Grady and Lieutenant Jeff Merritt. They noticed a GMC Acadia with a temporary license plate parked with its lights on in the middle of a lane of traffic on Bowman Street. Heggins turned on his blue lights, but the Acadia […]
Checkpoint for drivers license and insurance does not violate the 4th amendment
Facts In 2019, Stephen Borsi along with his passenger, Christopher Hathaway, was stopped by Mississippi Highway Patrol (MHP) at a safety checkpoint on Highway 80 in Rankin County, Mississippi. The MHP’s general practice was to stop all vehicles that passed through the checkpoint unless traffic became too heavy. Immediately, while Borsi was producing the driver’s license, Trooper Willard […]
Subject’s minimal education did not prove a lack of the capacity to voluntarily waive his rights
Facts At eight years old, Stacy began living with her father after her mother passed away. Stacy’s father and Donald Jolly were friends and neighbors. Over the years, Stacy and her siblings spent time with Jolly, riding four wheelers around their homes and hunting in nearby communities. Stacy made allegations to family members that Jolly had […]
Refusing to leave walmart resulted in disorderly conduct arrest
Facts In 2019, Officers Justin Coleman, Jarvis Smith, and Kierre Sellers with the Cleveland Police Department responded to an incident at a Wal-Mart store in Bolivar County. When the officers arrived, Marilyn Bradford told them that the store would not return her bank card. An officer then retrieved Bradford’s bank card and returned it to […]
Avoiding a checkpoint allows officers to stop vehicle without reasonable suspicion
Facts James T. Britain disregarded a roadway safety checkpoint in Meridian, Mississippi, and led sheriff’s officers on a brief high speed chase that resulted in Britain’s arrest and the discovery of a firearm. He was convicted of possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1) and sentenced to 27 […]