Checkpoint is legal and has valid purpose
Facts In 2004, the Neshoba County Sheriff’s Department established a driver’s license checkpoint at the intersection of Road 147 and County Road 604, during the daytime hours. Terry Hampton stopped at the checkpoint and was asked for his driver’s license by Deputy Sheriff Herbert Johnson, to which he told Johnson he did not have a […]
Search incident to arrest of vehicle can take place after subject is in police car
Facts John Phinizee owned and operated Bernard’s Pool Hall (Bernard’s or the pool hall) in Crawford, Mississippi. His 2003 arrest was the product of an ongoing investigation which began in 1999. The circumstances leading up to his arrest are as follows. In 1999, an officer of the Lowndes County Narcotics Unit (LCNU) made an undercover purchase […]
Tag must be conspicuously displayed on vehicle
Facts While waiting in the median on Highway 78 near Olive Branch, Mississippi, Highway Patrol Trooper M/Sgt. Gayle McMullin observed an east-bound, blue Dodge Durango, which appeared to have no tag displayed. McMullin stopped the Durango and engaged the driver, identified as Hector Hernandez Gonzales, in a conversation concerning his travel route. McMullin noted on […]
Violation of 48 hour rule does not suppress the confession in this case
Facts In 2004, Darral Bell and LeCedric Hurst were involved in an altercation at the residence of Edna Spears, a relative of Hurst, with other witnesses present. Bell testified that Hurst struck him with his hand, but Bell did not respond to this attack. Bell left Spears’s residence, driving a white F350 work truck, with […]
Mistake of law or fact based on good faith and a reasonable basis still valid
Facts In 2003, Anthony Ryan Loveless was stopped in the north-bound lane at a four-way stop sign in the City of Booneville, Mississippi. Directly across from Loveless, in the south-bound lane, Booneville Police Officer Bryon Parker was also stopped at the four-way stop. According to Parker, while the two vehicles were awaiting their turn to […]
DUI for marijuana found based on subject’s statements and evidence
Facts Zavien Beal was a student at Alcorn State University in 2005. On November 3, 2005, Beal left school and went to Natchez, Mississippi, some 25 miles or so away. After spending some time in Natchez, Beal left to return to Alcorn State when he was stopped by Officer Kenny Tarleton of the Mississippi Highway […]