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 […]
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 […]