TELEPHONIC SEARCH WARRANTS NOW BARRED BY HIGH COURT

Exception To Be Made In One Case

JACKSON - Law enforcement officers will not be allowed to call judges to
get search warrants issued by phone, but the state Supreme Court made an
exception in one case.

The justices allowed to stand the drug conviction of a Clinton man whose
apartment was searched by lawmen under a warrant issued after a telephone
call to a judge.

But the Supreme Court said future telephonic searches will be considered
illegal.

James V. White was sentenced to nine years in prison in 2000 after his
conviction in Hinds County of possession of marijuana with intent to
distribute.

White was arrested at his apartment in Clinton in 1998 in a "sting"
operation by deputies.

Testimony at White's trial was that a Hinds County judge was contacted by
lawmen and an "oral/telephonic search warrant" was issued for White's home.

White argued the search was illegal.

Presiding Justice Jim Smith, writing for the court, said the issuance of
search warrants by telephone is illegal in Mississippi and will remain so
until the Legislature changes the law.

Nevertheless, Smith said law enforcement officers conducted the search in
good faith, believing the search warrant obtained by phone was legal.

Smith said law officers feared that White might be tipped off that he was
being watched and would destroy evidence of the drugs. Smith said the only
option available to lawmen was to get approval of a search warrant on the
spot and that was by telephone.

Smith said because lawmen were acting in "good faith" White's conviction
would not be overturned.

Justice Kay Cobb said the "good faith" decision in the White case should
not be interpreted by law officers and prosecutors as saying that they can
ignore constitutional protections against warrantless searches.

"We are sending a clear message that such warrants are not valid, such that
from this day on, no officer (or judge) will be able to claim ignorance of
the clearly-stated law in this respect," Cobb wrote. "Use this new tool
wisely and sparingly."

Chief Justice Ed Pittman said the majority of the court was adopting
incompatible positions - finding the search was conducted without a warrant
but allowing an exception for officers who believed they were acting in
good faith.