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eBook details

• Title: State Missouri v. John R. Woods
• Author : Southern District, Division One Court of Appeals of Missouri
• Release Date : January 23, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

John R. Woods (hereafter referred to as "defendant") is defendant in two criminal cases pending in the Circuit Court of Crawford
County. He is charged in case number CR289-399FX with possession of more than 35 grams of marijuana, a controlled substance,
§ 195.020, 1 and in case number CR289-407FX with unlawful possession of a firearm silencer (Count I), §
571.020.1(5), and unlawful possession of a machine gun (Count II), § 571.020.1(2). Defendant moved in each of the
cases to suppress certain evidence. The trial court, after evidentiary hearing, 2 sustained the motions in both criminal
cases. The evidence that was suppressed was evidence seized from the premises of John R. Woods on May 30, 1989. "Said evidence
includes but is not limited to marijuana, cocaine, drug paraphenalia , weapons and ammunition of various descriptions and
kinds." The State of Missouri filed interlocutory appeals from the trial court's suppression orders in the two criminal cases.
3 § 547.200. This court affirms. The following parameters apply. Evidence obtained by an illegal search and seizure is not admissible against a defendant
in a criminal case. U.S. Const. amend. IV; Mo. Const. art. I, § 15; State v. Mercer, 618 S.W.2d 1, 9 (Mo. banc),
cert. denied, 454 U.S. 933 (1981); State v. Venezia, 515 S.W.2d 492, 493 (Mo. banc 1974); State v. Sutton, 454 S.W.2d 481,
484 (Mo. banc 1969). Evidence is inadmissible if illegally obtained, directly or indirectly, as a consequence of lawless official
acts as contrasted to evidence obtained from "independent source." Peterson v. United States, 411 F.2d 1074 (8th Cir.), cert.
denied, 396 U.S. 920 (1969).

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