Pubdate: Mon, 28 Oct 2002
Source: Greenwood Commonwealth (MS)
Copyright: 2002 Greenwood Commonwealth
Contact:  http://www.gwcommonwealth.com/
Details: http://www.mapinc.org/media/1541
Author: Associated Press

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.
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