🚨Case Dismissed!🚨
/Last week our firm represented Tristan Morris, a young man who was pulled over by Southaven Police department in a car he had just gotten as his high school graduation present. Tristan had just turned 18. Officers removed all three occupants of Tristan’s car, which included his two friends who were 16 years old, and still in high school.
One of Tristan’s passengers had a backpack with a stolen handgun inside. It was old, rusted, and would not fire, but it was a stolen. The minor said it was his, and Tristan did not know about it. That minor was charged with a felony.
Southaven officers then told Tristan that because he was the driver and owner of the car, he was “also responsible for whatever other people brought into his car.” Even in a closed backpack. Tristan was charged with Contributing to the Delinquency of a Minor.
Law: A driver of a car is not responsible for what others bring into that car, in a closed container or pocket, and admit they own. That’s theirs.
You are not required to nor expected to serve essentially as TSA security personnel patting down or checking the pockets or backpacks of your passengers. That’s just not a thing.
In our opinion, Southaven PD just wanted to add as many charges as they could in this case. This created more money for fines and fees and city revenue and holds time over people’s heads “in case they mess up again”.
This is not appropriate policing. Our client now (1) had an arrest on his background involving a minor child, (2) had to spend $$ to retain counsel to fight the charge, and most importantly to Tristan, (3) could not pass a background check to get into the US Army bc he had a pending crime “involving a child”.
Fortunately, Tristan (mainly his mom) called the right place. Once we provided the full picture to the city prosecutor, showed the facts did not fit the elements of the charge, argued the public policy considerations of using the “contrib to minor” statute in this manner (pat down checks by drivers for everyone and every time in your car??), the prosecutor agreed and the charge was dismissed.
Though it took waiting in court all afternoon and being placed at the end of the docket until our case was finally heard at approximately 6pm - We were thankful to have a reasonable prosecutor who also knew the law, applied that law to the facts, and knew the right thing to do was to tell his own officers - “no.”
Now time to clean up Tristan’s record so he can join the Army and start his public service. His mom was beaming.
If you or a loved one have a pending criminal charge, please consider calling Carr Law Firm at 662-441-1529.
