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State v. Bradshaw3/4/2003
Opinion Vote: AFFIRMED.
Hoff, J., concurs; R. Dowd, Jr., P.J., dissents in separate opinion.
Opinion:
Julius Bradshaw (hereinafter, "Defendant") was charged with one count of possession of a controlled substance. Defendant filed a motion to suppress the evidence seized during a search of his vehicle. The trial court granted Defendant's motion, and the State filed an interlocutory appeal pursuant to Section 547.200.1 RSMo (2002) from the trial court's order. We affirm.
The facts are essentially undisputed and are as follows: Detective Raymond M. Floyd (hereinafter, "Det. Floyd") of the Troy City Police Department observed a vehicle parked on the side of the road in Lincoln County. Det. Floyd recognized the passenger in the vehicle, whom he identified as Duane Bowles (hereinafter, "Bowles"). Det. Floyd called dispatch, which confirmed Det. Floyd's belief that Bowles had an outstanding warrant for his arrest based on his failure to appear for a driving while intoxicated charge.
Upon learning of the outstanding warrant, Det. Floyd attempted to stop the vehicle in order to arrest Bowles. Defendant, the driver, pulled away from the side of the road before Det. Floyd could stop the vehicle. Det. Floyd activated his emergency siren, and the vehicle eventually stopped three blocks away. Defendant and Bowles exited the vehicle upon stopping, but Det. Floyd directed them to return to the vehicle in order for him to obtain backup.
Det. Floyd approached the vehicle and asked Bowles to step out of the vehicle and placed him under arrest. Bowles was placed in the back of the patrol car. Det. Floyd then returned to Defendant's vehicle and had him exit. Defendant's name was checked by dispatch, and Defendant had no outstanding warrants. However, Det. Floyd proceeded to search Defendant's car, stating he was searching it incident to Bowles's arrest.
Det. Floyd recovered a small cigar tube located in a cup holder in the front compartment of the vehicle. The tube contained plant material and a white-colored residue. When Det. Floyd questioned Defendant as to whether the tube belonged to him, he mumbled a response and shook his head. Det. Floyd noticed Defendant had something in mouth and when he asked him what it was, Defendant began to chew up whatever the object was in his mouth.
Defendant was arrested and charged with possession of a controlled substance. Defendant's trial counsel filed a motion to suppress the seized evidence on May 6, 2002. A hearing was held on July 2, 2002. Det. Floyd admitted Defendant was not engaged in any illegal activity when he initially observed him parked on the side of the road. Moreover, Det. Floyd testified Defendant did not commit any traffic violations, and he did not issue him any traffic tickets.
Det. Floyd further stated that after Bowles was arrested and secured in the patrol car, Defendant was not free to leave because he needed to conduct a search of Defendant's vehicle pursuant to Bowles's arrest. Det. Floyd admitted he did not ask for Defendant's consent to search the vehicle, he did not advise Defendant of his rights, and he questioned Defendant while he conducted the search of the vehicle.
The trial court issued its written ruling granting Defendant's motion to suppress on July 24, 2002. The State now seeks this interlocutory appeal.
At a suppression hearing, the State bears both the burden of producing evidence and the risk of nonpersuasion to show by a preponderance of the evidence that the motion to suppress should be overruled. State v. Milliorn, 794 S.W.2d 181, 184 (Mo. banc 1990). When reviewing a motion to suppress, we examine the
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