Officer traveling to get keys made immune from MTCA when accident ensued

Facts In May 2002, Talvish Reynolds and her daughters were traveling east on Main Street in Woodville. Wilkinson County Deputy Sheriff Nathaniel Nelson was traveling in a county vehicle toward Main Street at this time, en route to a hardware store to have spare keys made for county gas pumps. Once he arrived at the […]

police are not required to deliver the Miranda warnings at the precise moment they have probable cause for arrest

Facts In 2002, Officer Tonya McWhirter was dispatched to investigate an accident which had occurred in the parking lot at Michael’s Restaurant in Louisville, Mississippi. McWhirter requested additional officers and Officer Greg Clark responded. Clark began to question Joseph Levine about the accident and noticed the odor of an intoxicant coming from Levine. When questioned about the […]

Aggravated assault on a law enforcement officer

Facts In 2003, Andrew Barrett, Florence P.D., saw a silver Caprice run a stop sign at the intersection of Old Highway 49 and Erlich Road. Lt. Barrett stopped the vehicle and asked the driver, Robert Anthony Hubbard, for his license. Barrett noted that while the passenger was using her seat belt, Hubbard was not. Lt. Barrett […]

Driver has no standing to object to a search of a presumably stolen vehicle

Facts In 2001, Edmond Hebert invited Fred Spicer to live with him in his trailer in Lucedale, Mississippi. At the same time, Hebert helped Spicer obtain employment with the roofing company for which Hebert worked. One night, Hebert and Spicer left work and drove to Woody’s Outpost in Jackson County, Mississippi, where they bought beer, […]

Proximity to drug plus statements equals constructive possession in this case

Facts In 2002, Tommy Stewart was driving within the city limits of Brookhaven, Mississippi, in a car allegedly owned by an individual named Sharon Weathersby, an “ex-friend” of Stewart’s. Officer Tony Moak of the Brookhaven Police Department observed Stewart driving the car. Knowing that Stewart did not have a driver’s license, Officer Moak stopped the […]