Only person wearing coat in photo lineup is minor difference and not overly suggestive
Facts In 2005, a man entered the Super Saver Exxon station at the intersection of Old Brandon Road and Pearson Road in Pearl, Mississippi. He purchased a cup of coffee and then exited the store. He re-entered about five minutes later, pulled a knife on the store clerk, demanded that she open the cash register, […]
A handcuffed subject at a search warrant for drugs was in custody in this case
Facts In 2006, MBN, the Starkville Police Department, and the Okitibbeha County Sheriff’s Department executed a drug search warrant at the home of Perry Armstead. Officers located Armstead in his bedroom, just as he was walking out of an adjacent bathroom. In this bathroom, officers found $23 dollars, the serial numbers of which matched the […]
When a car is impounded an inventory search is permissible
Facts In 2004, Ruby and Earl Benson, after a trip to Mount Olive, Mississippi, returned to their home on Highway 35 in Collins, Mississippi. The couple observed a vehicle parked in their driveway and witnessed William James Logan exit their home carrying a money box which belonged to Earl. Logan then got into his vehicle […]
Police don’t have to inform defendants of their rights to have independent blood test in DUI stops
Facts On April 29, 2006, Officer Jimmy Lovern of the City of Louisville Police Department was answering a call from a stranded motorist. After Officer Lovern had picked up the stranded motorist, a car, traveling in the opposite direction, passed Officer Lovern moving well in excess of the posted speed limit. Officer Lovern turned his […]
Miranda waiver valid from subject who was not born in the United States
Facts In 2006, Gilberto Chim, a native of Guatemala, was sentenced to life imprisonment for statutory rape of a five year old girl and twenty years imprisonment for sexual battery. Chim’s conviction was preceded by an arrest that entailed a waiver of his Miranda rights and a subsequent confession. He appeals, arguing that the Circuit […]
Subject claimed confession improper because he was intoxicated, illiterate, and tricked
Facts On January 12, 2005, the Horn Lake Police Department arrested Thomas Lee Brown, who was thirty- four years-old. After Thomas arrived at the police station, he waited approximately two hours before Detective Michael Callender and Detective Josh Zacharias began an interrogation. Thomas initialed and signed a Miranda waiver at the beginning of the interrogation. […]