Numerous facts justified community caretaking stop in this case for safety concerns
Facts On the morning of June 27, 2021, around 3:00 a.m., Officer Vaughn, who was parked in the highway median, noticed Dylan Chase Davis walking on Interstate 55 (I-55). At the suppression hearing, Vaughn testified that during his patrol, he saw Davis walking northbound in the southbound lane of traffic on I-55. Vaughn stated that […]
Jackson County S.O. not in reckless disregard for police pursuit
Facts On Monday, October 24, 2016, Captain James Sears with the Jackson County Sheriff’s Department was working an interstate detail on I-10 called Operation Stonegarden, a grant program intended to curtail human traffickers, drug traffickers, and wanted persons. Sears testified that while he was stationed in east Jackson County, he received a notification that an […]
Confession valid in statutory rape case
Facts The victim, Amanda, was fifteen years old when she met Garrick Lorenzo Walker, who was then twenty-six years old. Amanda met Walker walking to a friend’s house; they introduced themselves and struck up a friendly conversation. Amanda testified that during their first encounter, she told Walker her real age, but he told her that […]
Officer not in reckless disregard when police pursuit resulted in subject striking victim’s car
Facts On March 28, 2019, Officer Philipe Ducksworth was sitting in a vehicle on Main Street in Lumberton, Mississippi, watching traffic, when he saw Justin Brown drive by and observed he was not wearing his seat belt. Ducksworth followed behind him, with blue lights and sirens engaged. Brown pulled over near Lower Airport Road, which […]
permissible for an officer to request id from person who reasonably could be target of an arrest warrant and is attempting to walk away from officers toward his vehicle outside of home or business
Facts (If you are new to 1983 actions, click here for help) On the afternoon of June 27, 2020, Texas City police officers Matthew Bonner and Veronica De la Garza attempted to execute an arrest warrant for Mato Lopez at Three Stars Harbor restaurant, a waterfront property owned by Lopez’s father, Nikola Lupis. When Officers […]
Use of K-9 to subdue subject until he was handcuffed was reasonable in this case
Facts (If you are new to 1983 actions, click here for help) On the night of February 14, 2021, Barry Calvert was on patrol when he received an alert to look for a stolen silver 2020 Toyota RAV4 (the alert did not provide the license number). At 10:42 pm, he spotted a vehicle that appeared […]