Exigency allows second entry into home to collect evidence under plain view seizure in this case
Facts In 1991, 17 year old Sue was riding around in Walnut, Mississippi, with her friend Nicole. They approached Charles Crawford, her ex brother-in-law, in a parking lot and asked him if he would help them put fluid in their car. He helped them and told Sue he needed to talk to her about something […]
When a subject invokes counsel, who talks next is not the test for re-initiation of interview
Facts Jairus Collins was arrested for the murder of Ebony Jenkins. He was Mirandized, waived, and started to make a statement before asking for a lawyer. The officer then left and shut the door. A few minutes later, Collins knocked on the door to ask how much longer this would take because he needed to […]
Telling the officer you need help is not a request for counsel in this case
Facts In 2012, John Franklin and his girlfriend, Amanda, were having relationship issues. They were living together with their children in Forest, Mississippi. One evening, Amanda went to pick up a friend, Scott Smith, and brought him to her house. Around 1:20 am, Amanda left to take keys to her sister’s home. While she was […]
Search Warrant without location to be searched is invalid
Facts In 2013, MBN got a search warrant for the home of Bobby Ray Canada and Beverly Turman. Section one, denoting the location for the search to be executed, was completely blank. They executed the warrant and collected $293,720 from the home and then commenced a civil forfeiture action. Canada and Turman filed a motion […]
Motor vehicle exception justifies search of car
Facts Alphonzo Garth and another man were sitting in a vehicle outside some apartments in West Point, Mississippi. Garth was in the driver’s seat and the other man in the passenger’s seat. Police were searching for the other man after a complaint that he had been involved in a disturbance at the apartments and was […]
Extending the stop at a checkpoint does not require probable cause
Facts Kimberly Sellers was stopped at a driver’s license checkpoint in Starkville. A subsequent Intoxilizer test revealed her blood- alcohol content to be .088, in excess of the legal limit. Sellers was convicted of DUI, first offense, and sentenced to pay a fine of $600. On appeal, she argued the evidence should have been suppressed […]