When there is conflicting testimony about voluntariness of statement, trial judge is always in best position to judge credibility of witnesses
Facts In 2011, police responded to a call about a burglary of a pharmacy. While headed to the call, Deputy Shane Lang, Leake County Sheriff’s Department, noticed an individual wearing dark clothes and a mask, carrying a white bag, and hiding between a hotel and a storage building. The individual was Carl Houston who fled when […]
Anonymous tip wasn’t enough for stop but subject created new reasonable suspicion when he fled police from high crime area
Facts Police received a complaint from an anonymous caller that “young men, young black men, are standing out on the sidewalks, corners, selling drugs” at the 500 block of Union Street in Greenville, Mississippi. Upon arrival at Union Street, police found two men standing in the sidewalk area in front of a house located on […]
Exclusive dominion and control of house not required for constructive possession
Facts Following a controlled drug buy by a confidential informant, the Harrison County Sheriff’s Department secured a search warrant for a home in Pass Christian. Inside, they found more than sixty grams of powder cocaine hidden inside a coffee maker. On the front porch, inside a Christmas decoration, they found an additional 2.9 grams of […]
Ambiguous requests for counsel cannot be ignored in Mississippi (Saddler has clarified this)
Facts In 2009, police arrived at a house fire and were told by witnesses that Nancy Downey was seen walking away from the home and carrying a large full bag right before the fire began. Downey, who was found at her brother’s home, admitted to being in the the home earlier that evening and a […]
Low I.Q. is but one factor to consider for knowing, intelligent, and voluntary waivers
Facts In 2010, Chris Baxter failed to appear for a sentencing so a bench warrant was issued for his arrest. Deputy Bobby Daffin was aware of the warrant and knew about Baxter and his girlfriend, Brandy Williams, from prior dealings. When Daffin saw Williams driving her father’s truck, he observed an arm of a passenger […]
Subject did not own residence but found in constructive possession of drugs
Facts In 2009, the Biloxi Police Department conducted an undercover drug operation at Gregory Hopkins’s residence (residence owned by the mother of Daryl Daniels) located at 224 Bowen Street in Biloxi, Mississippi. The police enlisted the help of a confidential informant (CI) who called Hopkins and requested $50 worth of crack cocaine. Hopkins agreed to […]