Show up lineup was inappropriate but identification was reliable
Facts In 2003, Aaron Clark was cleaning his work van in the parking lot of his apartment complex. As he leaned across the driver’s seat he felt a gun barrel pushed into his back and heard a male voice say “give me what you got.” Clark turned to face the gunman and told him that […]
Strong odor in locked toolbox owned by subject led to constructive possession
Facts In 2003, Sergeant Evan Smith, a Washington County deputy, received an anonymous phone call advising him that Dale Terry was manufacturing methamphetamine at 55 Penny Lane in Washington County. Smith contacted Deputy Dwight Donham and told him to meet at 55 Penny Lane. Upon arrival in separate patrol cars, the deputies proceeded to the […]
Requesting someone take a blood test is not interrogation for miranda purposes
Facts On December 1, 2001, James Smith was driving his truck at a high rate of speed when he ran a stop sign at the corner of South Haugh Avenue and Memorial Boulevard in Picayune, Mississippi. As Smith proceeded through the intersection, his truck collided with a Mitsubishi Montero driven by Kimberly Bogan and then […]
A checkpoint is a balance between public interest and individual’s right of privacy
Facts In 2005, Wayne Frost, acting Chief of Police for Waynesboro Police Department (WPD), issued verbal orders for roadblocks within the city limits of Waynesboro for the month of January. Since there were no written policies concerning roadblocks conducted by the WPD, Frost put oral policies in place. The oral policies regarding road blocks included: […]
Other people may have had access but subject found to be in constructive possession
Facts Officers of the Montgomery County Sheriff’s Department conducted surveillance on Consimeon Gross’s residence for several months, during which time they observed numerous people going into the residence and then leaving shortly thereafter. Based on their suspicions, the officers obtained a search warrant for Gross’s residence. The warrant was executed as Gross was stopped and arrested […]
Subject made ambiguous request for counsel (Saddler has clarified this)
Facts Dudley Coleman and Jennifer Lenard were shot and killed in a wooded area along Highway 9 in Pontotoc County in 2003. Testimony at trial revealed that Coleman and John Thomas Scott were involved in the sale of methamphetamine. Scott owed Coleman about $4,500 as a result of these dealings. The night before the murders, […]