Jones v. State
| Docket Number: | 2002-KA-00750-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Probable cause for arrest Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-09-2002 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF AUTO BURGLARY. SENTENCED TO SERVE A TERM OF SIX YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Ken Turner Case Number: 02-CR-036-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Frankie Jones |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Burglary - Probable cause for arrest |
| Summary of the Facts: | Frankie Jones was convicted of burglary of an automobile and was sentenced to six years. He appeals. |
| Summary of Opinion Analysis: | Jones argues that the officer's apprehension of him after he ran away constituted an arrest without probable cause and that any statements he made after his arrest were the fruit of the illegal arrest. Probable cause arises when the facts and circumstances within an officer's knowledge, or of which he has reasonably trustworthy information, are sufficient in themselves to justify a man of average caution in the belief that a crime has been committed and that a particular individual committed it. The information that the deputies had received in this case that he had been seen in the area where a burglary had just been committed using the same mode of transportation that the burglar had used to leave the scene was sufficient in itself to justify a person of average caution to believe that a crime had been committed and that Jones had committed it. Additionally, once Jones fled from the deputies, who already possessed reasonable suspicion, the deputies then had probable cause. |
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