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 […]
Owner of car presumed to be in possession of drugs
Facts In 2010, Eddie Brown and his on-again-off-again girlfriend, Jamise Floyd, were arrested in Biloxi, Mississippi, for possession of cocaine after police officers discovered the substance in the console of the couple’s vehicle. Brown and Floyd both testified at trial. However, their versions of the events that occurred on the night in question are divergent. […]
Refusing to comply at checkpoint led to disorderly conduct
Facts In 2011, Lamar County Sheriff’s Deputy Joshua Craft and five or six other deputies operated a driver’s license checkpoint. It was dark, but the deputies were in uniform, wearing reflective vests, and police cruisers were parked at the checkpoint with their blue lights flashing. Craft testified Michael Rogowski pulled up to the checkpoint. Craft […]
constructive possession can be proven with circumstantial evidence
Facts Police received a tip from a confidential informant that two black males were selling cocaine out of a room at the Western Motel in Philadelphia, Mississippi. Police obtained a search warrant and raided the room. Roventay Peden and Lewis Clemons were in the motel room; both men were lying under the covers in separate beds. […]
Confession obtained in emergency room suppressed but another confession obtained the next day is admissible
Facts In 2007, Jason Keller wrecked and abandoned a stolen truck and then set out on foot in possession of a stolen gun looking for cigarettes. He entered a convenience store and shot and killed Hat Nguyen, owner, before taking money from the cash register. He then stole another truck and as police pulled him […]