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 […]
Search warrant lacked probable cause as informant’s information was not corroborated
Facts In 2011, Sherri Stewart came to Philadelphia P.D. and said she was the victim of identity theft as a fraudulent Facebook page on her was created using a stolen picture from her authentic Facebook page. The fraudulent Facebook page was then slandering her and causing problems with her job. Stewart provided police with the […]
Warrant for phone was specific enough for search in addition to seizure
Facts Sarah, 15 years old, lived with her grandmother, siblings, and her adult cousin, Robert Moore. One morning, Sarah got up to use the bathroom and Moore called out to her. When Sarah entered his room, he blocked her from leaving, physically threatened her, and had sex with her. He also took various sexual explicit […]
Consent to search pouch in hotel revealed drugs
Facts In 2012, Investigator Matt Haley and Sergeant Christopher Hearn of Harrison County S.O. were participating in a drug round up, where a group of law enforcement officers went out together and attempted to serve several outstanding warrants. They had an arrest warrant for Ryan O’Donnell and discovered he was at the Broadway Express Inn, […]
An illegal arrest doesn’t automatically throw out a confession
Facts Samantha, who was 11 or 12 years old, told a friend that Ryan Catledge, her 20 year old step brother, had been having sex with her. The police learned of this and went to the home to speak with Samantha’s mother. They were speaking outside when Catledge emerged from the house. Police were surprised […]
Anonymous tip for traffic stop not enough in this case
Facts In 2011, a reservoir patrol officer received a BOLO for a vehicle that was driving erratically and possibly flashing a badge of some sort. The officer did not know who made the call and to his knowledge it was anonymous and not corroborated. The officer saw the vehicle and observed it for a short […]