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eBook details

• Title: State Missouri v. Curtis Franklin
• Author : Supreme Court of New Mexico
• Release Date : January 27, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The State appeals from the trial courts order sustaining Respondent Curtis Franklins motion to suppress evidence in which respondent challenged the initial stop, the subsequent arrest, and the legality of the searches that resulted in prosecution of respondent for possession of illegal drugs. The trial court found that the investigating officer had no reason to stop respondent and subsequently to search him and the car he was driving. The court further found that the subsequent arrest of respondent for failing to display a drivers license was a pretext to justify a more complete search of respondent and an inventory search of respondents vehicle. The state made interlocutory appeal pursuant to § 547.200, RSMo 1986. The Missouri Court of Appeals, Western District, affirmed, addressing only the question of the validity of the arrest. This Court granted transfer to consider the important question of the allegedly pretextual arrest. Upon review of the record this Court finds the investigatory stop to have been invalid and does not, therefore, reach the question of the validity of the arrest. Affirmed.

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