Legal Opinion · Dissent

In the Interest of S.M.K.S. v. Youth Court of Union County

Court of Appeals of Mississippi

Decided January 7, 2014No. 2012-CA-01237-COAPublished

1DissentIrving, P.J.

¶ 14. The majority finds that the Union County Youth Court properly adjudicated S.M.K.S. a delinquent child because he resisted arrest for disorderly conduct. I disagree, as I would find that Sergeant Kent illegally seized S.M.K.S., thus making S.M.KS.’s subsequent arrest illegal. Therefore, I dissent. I would reverse and *881render the judgment of the youth court adjudicating S.M.K.S. a delinquent child.

¶ 15. Sergeant Kent responded to a “shots fired” call from dispatch. The only identifying information relayed to Sergeant Kent through the call was that the suspects were in a tan Cutlass. The…

2Cases cited8 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Walker v. StateMississippi Supreme Court · 2004
  3. United States v. JohnsonCourt of Appeals for the Fifth Circuit · 2006
  4. Eaddy v. StateMississippi Supreme Court · 2011
  5. Jones v. StateMississippi Supreme Court · 2001

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