Criminal Law: Drug Paraphernalia-Warrantless Search-Double Jeopardy

Where a defendant appealed his conviction for possession of a controlled substance, the discovery of drug paraphernalia within a lunch box was the product of an unreasonable, warrantless search, and the error was not harmless, so the matter is reversed and remanded for a new trial, and sufficient evidence supported the conviction, so retrial was not barred by the double jeopardy clause.

Judgment is reversed and remanded.

State v. Haneline (MLW No. 79554/Case No. WD84964 – 27 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Buchanan County, Robb, J. (Dora Fichter, Jefferson City, for respondent) (Ellen H. Flottman, Columbia, for respondent).