Using lineup in this case does not lead to irreparable misidentification
Facts In 2006, twenty-two-year-old Jesse Green had $4,400 in income tax return proceeds and he was interested in buying a car. His brother, Eric, told him about a black Camaro Z28 that was for sale and gave him a contact number. Green spoke to a man named Ricky in Arkansas. They arranged to meet in […]
DUI does not require that the intoxication impairs the ability to drive a car
Facts Shortly after midnight Bobby Heidelberg was traveling down Highway 84 East in the city limits of Laurel, Mississippi. Officer Larry Hayes of the Laurel Police Department was patrolling the area and noticed that Heidelberg had a broken taillight. Hayes decided to conduct a traffic stop to advise him of a traffic violation. Hayes approached Heidelberg’s […]
Subject said he was going to have a cheech and chong party
Facts In 2005, Tunica County Deputy Sheriff Willie Dunn and Deputy Paul Biggins were returning from a lunch meeting. They were traveling south on Highway 61 in an unmarked car. The officers observed a 1991 Chevrolet Caprice traveling south well below the speed limit. They passed the Caprice, and deputy Biggins noticed that there were […]
Checkpoint is legal and has valid purpose
Facts In 2004, the Neshoba County Sheriff’s Department established a driver’s license checkpoint at the intersection of Road 147 and County Road 604, during the daytime hours. Terry Hampton stopped at the checkpoint and was asked for his driver’s license by Deputy Sheriff Herbert Johnson, to which he told Johnson he did not have a […]
Search incident to arrest of vehicle can take place after subject is in police car
Facts John Phinizee owned and operated Bernard’s Pool Hall (Bernard’s or the pool hall) in Crawford, Mississippi. His 2003 arrest was the product of an ongoing investigation which began in 1999. The circumstances leading up to his arrest are as follows. In 1999, an officer of the Lowndes County Narcotics Unit (LCNU) made an undercover purchase […]
Tag must be conspicuously displayed on vehicle
Facts While waiting in the median on Highway 78 near Olive Branch, Mississippi, Highway Patrol Trooper M/Sgt. Gayle McMullin observed an east-bound, blue Dodge Durango, which appeared to have no tag displayed. McMullin stopped the Durango and engaged the driver, identified as Hector Hernandez Gonzales, in a conversation concerning his travel route. McMullin noted on […]