State of Mississippi v. Dylan Cahse Davis a/k/a Dylan Davis

Hernando, Mississippi criminal defense lawyer represented the Defendant charged with being a felon in possession of

On the morning of June 27, 2021, around 3:00 a.m., Officer Vaughn, who was parked in the highway median, noticed Davis walking on Interstate 55 (I-55). Vaughn observed Davis was sweating and saw that Davis had a knife in his waistband. Vaughn asked Davis where he was going, and Davis responded but kept walking. Vaughn instructed Davis to stop, and noticing a bulge in Davis's pocket, Vaughn asked if Davis had a gun. Davis said he did and consented to Vaughn removing it. When Vaughn learned that Davis was a felon, Vaughn subsequently took Davis into custody and charged Davis with being a felon in possession of a firearm.





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The jury ultimately found Davis guilty of possession of a firearm by a felon. In his subsequent motion for judgment notwithstanding the verdict or a new trial, Davis contended that the court had erred by denying his motion to suppress. The court denied his post-trial motion at Davis's sentencing hearing and sentenced him to five years in the custody of the Mississippi Department of Corrections, with all five years suspended pending good behavior. The court also placed Davis on five years of post-release supervision (two years reporting and three years non-reporting).



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Legal issue Was the firearm obtained during an investigatory stop in violation of Fourth Amendment rights, warranting its suppression as evidence?



Key Phrases Felon in possession of a firearm. Unlawful seizure. Fourth Amendment rights. Community caretaking function. Motion to suppress.

The Supreme Court held that the trial court did not err in determining that Officer Vaughn's stop of Davis was a legitimate use of the officer's authority under a community caretaking function analysis, we hold that the trial court did err in denying Davis's motion to suppress the firearm. Accordingly, we affirm Davis's conviction and sentence.



Affirmed