McCommon v. Mississippi
United States Supreme Court
474 U.S. 984 (1985)
- Written by Salina Kennedy, JD
Facts
McCommon (defendant) was arrested after police obtained a warrant to search his car and found marijuana in the trunk. McCommon moved to suppress the marijuana from evidence, arguing that the warrant had not been supported by probable cause. At the suppression hearing, the judge who granted the warrant testified that he had done so primarily because he assumed the police officers requested the warrant in good faith and that he therefore took them at their word that the warrant request was supported by probable cause. The judge further testified that he believed he had a duty to help police officers pursue their investigations. The trial court denied McCommon’s motion to suppress, and he was convicted. The Mississippi Supreme Court affirmed the conviction, holding that the warrant was supported by probable cause and that the judge’s decision-making process, although not ideal, was sufficiently detached and neutral to meet constitutional standards. The United States Supreme Court denied McCommon’s petition for a writ of certiorari, and Justices Brennan and Marshall dissented from the denial.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (Brennan, J.)
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