Pubdate: Tue, 29 Oct 2002
Source: Clarion-Ledger, The (MS)
Copyright: 2002 The Clarion-Ledger
Contact: http://www.clarionledger.com/about/letters.html
Website: http://www.clarionledger.com/
Author: Jack Elliott Jr. The Associated Press

WARRANTS BY TELEPHONE ILLEGAL, MISS. JUSTICES RULE

The Mississippi Supreme Court said it will not allow law enforcement
officers to call judges to get search warrants issued by phone.

However, the justices, in a ruling last week, 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.

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 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 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.

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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