a motorist is not subject to custodial interrogation prior to an arrest
Facts In 2002, Kenneth Keys was driving a vehicle and passed Perry County Deputy Sheriff Danny Merritt, who was driving in the opposite direction. The road on which the two men were traveling is narrow. Keys testified that the deputy had his high beams on and was pulled to the side of the road as […]
No constructive possession when two defendants flee from a car in separate directions with different amounts of cocaine denominated differently
Facts In 2003, authorities with the Indianola Police Department received a tip that Jerry Ford and Tracy Dixon were leaving Ford’s residence in a blue Mazda and that they would be carrying illegal drugs. Upon stopping the Mazda, Officer Ronald Ragon was joined by a patrol car containing Officers Edrick Hall and Tony Cooper. When […]
Constructive possession may be proven by circumstantial evidence
Facts In 2003, drug enforcement officers from the Madison County narcotics unit stopped a vehicle driven by Marcus Bates in Canton, Mississippi. The agents were in an unmarked car and all wore plain clothes. The vehicle was stopped after Lieutenant Randy Tucker noticed through his rearview mirror that the car Bates was driving did not have […]
A five to ten minute pause does not require new miranda warnings
Facts Officer Tony Smith testified that he, along with Officers Mike Williams and Brett Flake, arrived at Harmon Mooney’s residence in Leake County to serve an arrest warrant. Smith approached Mooney and informed him he was under arrest. Smith handcuffed Mooney and informed him of his Miranda rights. Smith testified that Mooney indicated that he […]
A dog sniff of a car can occur without reasonable suspicion during valid traffic stop
Facts In 2004, Officer Scott Paxson initiated a traffic stop on Interstate 20 in Lauderdale County after observing a white truck bearing a California license plate swerve abruptly, causing the vehicle to cross the fog line and enter the shoulder of the interstate. The driver, Augustine Jaramillo appeared nervous to the officer and his hands […]
Resisting arrest
Facts In 2003, Agent Stan Bagley, director of the Central Delta Drug Task Force (“CDDTF”), was working in Hollandale, Mississippi, patrolling various night clubs located in that town. Agent Bagley and two other CDDTF agents had been assisting officers in another county serve search warrants earlier that evening. After assisting these officers, Bagley decided that […]