Inventory search of vehicle can occur before car is towed
Facts Captain Sterling Beckham and Deputy James McMahan of the Harrison County Sheriff’s Department went to James O’Connell’s residence to serve a warrant for his arrest. Upon their arrival, the deputies knocked on the door but received no response from within the house. As the deputies proceeded to depart the premises, they noticed O’Connell driving […]
Inventory search of vehicle before wrecker arrived is permissible
Facts In 2001, someone broke into Elliot Lumber’s building and then broke into the company safe. A few days later, a narcotics officer contacted the Lafayette County Sheriff’s Office (LCSO) and spoke with Deputy Terry Prestige regarding Prestige’s investigation of the Elliot Lumber Company safe burglary. According to the narcotics agent, he had a lead […]
Automobile exception allowed search of car
Facts In 2003, Officer Clay McComb, while on patrol, witnessed a vehicle without working taillights traveling northbound on Highway 35. McComb stopped the vehicle due to the violation. Michael Jim, the driver, told the officer he did not have a driver’s license with him and that he was currently seventeen years old. At this time […]
A terry frisk 20 minutes after the stop is reasonable in this case
Facts In 2003, Lisa White was stopped by Officer Scott Fulwood at 9:30 p.m. because she did not have a tag light. Fulwood noticed the smell of alcohol when he approached the vehicle. It was a cold night, and Fulwood asked White to accompany him to his vehicle where he could administer a breathalyzer test. […]
Tape of confession lacked any concerns that subject was too intoxicated to give statement
Facts In 2003, S.R.’s mother received a report from her stepsister that her daughter, had been sexually abused by Jerry Morris the previous night. Upon hearing this the mother contacted the Desoto County Sheriff’s Department. According to the record, S.R. spent the evening of June 12, 2003, with her mother’s stepsister, Ms. Morris. While Ms. […]
10 factors to support a finding of reckless disregard in connection with police pursuits
Facts Around dusk on December 21, 1999, officer Michael Tolbert of the City of Ellisville police department was on patrol when he spotted Joe C. Evans, Jr., driving a vehicle in the opposite direction. Aware of outstanding warrants for Evans, Tolbert made a u-turn, activated his blue lights and siren, and pursued Evans. Evans proceeded […]