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 […]
Facial tattoo did not render photo lineup inadmissible
Facts In 2010, Justin Stewart and an accomplice went to a Fred’s store on North State Street in Jackson, Mississippi. Stewart purchased a pair of Hanes undergarments with cash. When the clerk, LaQuinta Nelson, opened the cash register to give Stewart his change, Stewart attempted to grab the money in the register. Nelson quickly closed […]
Court throws out Miranda rights that were not adequately explained to juvenile
Facts In 2010, JS, who was thirteen years old, told police that her neighbor Toney Jennings, sixteen years old, had raped her. When police arrived, Jennings shoved them and ran and was then arrested for assaulting a police officer. Jennings was Mirandized, waived, and made a written confession regarding the rape. Miranda was read to […]
Voluntary conversation with police leads to arrest
Facts In 2012, Master Sergeant John Harris and Communications Officer Keishawn McDonald of the Madison County Sheriff’s Department were patrolling several Canton, Mississippi apartment complexes after the police department received complaints from the apartment management of loitering and possible drug deals occurring on the premises. Harris testified he pulled into Madison Heights apartment complex and noticed […]
Subject does not need to be explicitly told that he can stop interrogation at any time
Facts In 2010, Cheryl McFarland was on the phone with her husband when she arrived home and saw a strange red or maroon car in the carport. She then observed that the house door had been kicked in and two men came running out. One with dreadlocks came out first, choked her, and threw her […]