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 […]
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 […]