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Criminal Law: Warrantless Search-Terry Stop-Incident to Arrest
Where the state challenged the grant of a motion to suppress in a case involving the warrantless search of defendant’s automobile, the officer’s search of the vehicle and the defendant’s first aid kit was unreasonable because it was performed without a warrant and did not fall under any of the recognized exceptions, and the initial […]
Criminal Law: Motion to Suppress-Warrantless Search
Where a defendant challenged the district court’s denial of a motion to suppress, probable cause justified the warrantless search of the vehicle. Judgment is affirmed. U.S. v. Darron Hill (MLW No. 74829/Case No. 19-2506 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa.
Criminal Law: Warrantless Search-Protective Sweep
Where the state challenged the grant of a defendant’s motion to suppress evidence from a warrantless search of the defendant’s vehicle in a drug-possession case, the facts did not justify a search of the vehicle for drugs, but the officer’s concern for his personal safety justified a protective sweep for weapons in the same areas […]
Criminal Law: Motion to Suppress-Defendant’s Statements-Warrantless Search
Where a defendant, who was found guilty of charges including second-degree murder, argued that the trial court clearly erred in denying his motion to suppress statements that he made to police, the statements were not incriminating, and the case was strong, so any error was harmless, and the court also did not err in admitting […]
Criminal Law: Warrantless Search-Consent
Where the state challenged a pretrial order suppressing evidence seized in a warrantless traffic stop, the trial court erred in suppressing drugs seized from the defendant’s vehicle because the defendant effectively consented to the search during a valid traffic stop. Judgment is reversed and remanded. State v. Burns (MLW No. 74430/Case No. SD36155 – 2 […]
Criminal Law: Automobile Exception-Warrantless Search-Probable Cause
Where a defendant challenged the denial of a motion to suppress a handgun found during a search of his car, the defendant had lied to the officer earlier, he suddenly reached toward the floor of the car and the floor mat of the car was raised, so under the totality of the circumstances, the search […]
Criminal Law: Warrantless Search-Automobile Exception
Where a defendant in a drug-possession case argued that the trial court erred in overruling his motion to suppress and admitting into evidence contraband found upon a search of his vehicle, a confidential informant provided information and a drug dog alerted on the vehicle, and the warrantless search was justified under the automobile exception and […]
Criminal Law: Warrantless Search-Possession and Control
Where a defendant challenged the denial of his motion to suppress drug evidence found during a warrantless search of his bag, which he argued was not on his person or within his immediate control, the judgment is affirmed because defense counsel introduced or stipulated to evidence sufficient to find guilt, so any error in admitting […]
Criminal Law : Warrantless Search – Probable Cause – Res Gestae Evidence
U.S. v. Parks (MLW No. 72080/Case No. 17-1914 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Criminal Law : Warrantless Search – Scope – Consent
U.S. v. Steinmetz (MLW No. 72012/Case No. 17-3061 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Criminal Law : Stealing – Bazell – Warrantless Search
State v. Pace (MLW No. 71800/Case No. WD79493 – 10 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)
Criminal Law : Warrantless Search – Miranda – Public Safety Exception
State v. McElroy (MLW No. 71792/Case No. ED106002 – 7 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)
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