Subject has no reasonable expectation of privacy when he reveals what is in his pockets
Facts In 2011, two black males wearing white t – shirts robbed a convenience store. One shot into the ceiling before they took money and a pack of cigarettes and departed. Store security cameras revealed the correct clothing of both men but the original BOLO was incorrect on clothing description. Officer Tabari Thomas spotted Brandon Gales […]
Subject found in constructive possession of a bag within arm’s length of him
Facts In 2010, Newton Police Chief Harvey Curry and Investigator Michael Williams responded to a disturbance call on Oak Street in Newton, Mississippi. At trial, Williams testified that he was informed that Kendrick Body was involved in the original disturbance. He further testified that once he arrived on the scene, he heard a gunshot from […]
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 […]