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News (Media Awareness Project) - US MS: Court Rules Illegal Search In Drug Case
Title:US MS: Court Rules Illegal Search In Drug Case
Published On:2000-02-16
Source:Sun Herald (MS)
Fetched On:2008-09-05 03:25:31
COURT RULES ILLEGAL SEARCH IN DRUG CASE

(Jackson) - An alleged cocaine distributor was ordered freed by the
Court of Appeals because his car illegally was stopped and searched by
Water Valley police.

Jimmie Boyd was convicted in 1998 in Yalobusha County of cocaine
distribution and sentenced to three years in prison and fined $3,000.

On appeal, Boyd argued the stop was illegal and items found could not
be used as evidence.

Police officer Rick McCuan said he knew Boyd's drivers license was
suspended in 1989, and he stopped Boyd only to check his license.
McCuan said Boyd had not broken any traffic law.

Drug-sniffing dogs didn't find any narcotics in the car, but lawmen
found a small box of cocaine, according to court records.

Circuit Judge Andrew Baker ruled Boyd's rights were not violated by
the stop.

Appeals Court Judge Oliver Diaz Jr., writing Tuesday for the court,
said a lawman's decision to stop a car was reasonable only when police
have probable cause to believe a crime had occurred.

He said the U.S. Supreme Court ruled in 1979 that stopping an
automobile and detaining the driver to check a driver's license or
vehicle registration would be unreasonable.
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