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Jones v. State, No. 2004-CP-02491-COA (Mississippi Court of Appeals, February 7, 2006)

Brief Summary: Defendant sought to suppress a videotape offered by the prosecution at trial. The tape had been discovered and seized by police during a search of the computer room in defendant's apartment. The police were given consent to search the room by defendant's roommate. Defendant argued that his roommate did not have authority to consent to the search.

Facts: Raymond Jones was indicted on two counts of touching a child for lustful purposes and two counts of rape of a child. At trial, the prosecution offered as evidence a videotape discovered and seized by police during a search of defendant's computer room. The police were given authority to search the room by defendant's roommate, who happened to be the brother of one of the police officers.

At trial, Jones argued that his roommate did not have the authority to consent to the search and that therefore, the videotape should be suppressed. The trial court disagreed and ruled the tape admissible. Following the court's ruling, Jones pleaded guilty to one count of sexual battery, and the remaining charges were dismissed. Jones appealed the trial court's denial of his suppression motion.

Issue(s): Whether the trial court correctly ruled that the videotape was admissible.

Ruling: The Court of Appeals did not reach the issue of whether the trial court was correct in ruling that Jones's roommate had authority to consent to a search of the computer room.

Rationale: Under Mississippi law, a guilty plea waives the defendant's right to raise Fourth Amendment challenges on appeal. As a result of his plea, Jones was barred from challenging the trial court's ruling on the videotape.

 

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