CHANEY v. STATE

No. 98-CT-00328-SCT.

759 So.2d 1182 (2000)

Timothy CHANEY a/k/a Timothy Wayne Chaney a/k/a Tim Chaney v. STATE of Mississippi.

Supreme Court of Mississippi.

February 3, 2000.


Certiorari Denied.

BANKS, Justice, dissenting from the denial of certiorari:

¶ 1. I would grant this petition because I disagree with the Court of Appeals' holding that the search was valid. In my view, the holding that the presence of a syringe alone provides probable cause for an arrest for possession of drug paraphernalia is simply wrong.

¶ 2. Officer Scott Fullwood observed a van parked at a rest stop late in the evening. The next morning...

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