A five to ten minute pause does not require new miranda warnings
Facts Officer Tony Smith testified that he, along with Officers Mike Williams and Brett Flake, arrived at Harmon Mooney’s residence in Leake County to serve an arrest warrant. Smith approached Mooney and informed him he was under arrest. Smith handcuffed Mooney and informed him of his Miranda rights. Smith testified that Mooney indicated that he […]
A dog sniff of a car can occur without reasonable suspicion during valid traffic stop
Facts In 2004, Officer Scott Paxson initiated a traffic stop on Interstate 20 in Lauderdale County after observing a white truck bearing a California license plate swerve abruptly, causing the vehicle to cross the fog line and enter the shoulder of the interstate. The driver, Augustine Jaramillo appeared nervous to the officer and his hands […]
Resisting arrest
Facts In 2003, Agent Stan Bagley, director of the Central Delta Drug Task Force (“CDDTF”), was working in Hollandale, Mississippi, patrolling various night clubs located in that town. Agent Bagley and two other CDDTF agents had been assisting officers in another county serve search warrants earlier that evening. After assisting these officers, Bagley decided that […]
Search warrant that doesn’t list date the C.I. bought drugs from subject is admissible
Facts In 2004, a confidential informant (C.I.) brought a small baggy of methamphetamine to Philadelphia P.D. and stated he purchased this from Byron Flake and saw more methamphetamine at Flake’s house. The C.I. told police he had purchased methamphetamine from Flake in the past. The police officer was aware that this particular C.I. had previously […]
Subject’s statement and cocaine found in clothing sufficient for actual possession
Facts In 2004, Charles Nance was pulled over while driving, for failure to dim his headlights to an oncoming car driven by Officer Draper Williams of the Oktibbeha County Sheriff’s Office. During the course of the traffic stop, Nance was unable to produce his driver’s license or proof of insurance, provided the officer with a […]
probable cause for a traffic stop may arise from an officer’s reasonable belief that windows of the vehicle are excessively tinted in violation of law
Facts Dontay Walker was the passenger in a car that was driven by Shaundrysus Frazier. Frazier testified that he purchased the vehicle from a friend about one month prior to the stop but that the vehicle was not yet titled in his name. The vehicle was stopped by Oktibbeha Deputy Sheriff Michael Hunter. Deputy Hunter […]