Summary
The Supreme Court of Missouri affirmed Elton J. Norfolk's convictions for unlawfully carrying a concealed weapon and possessing marijuana. The court held that the police officer had reasonable suspicion to conduct a Terry stop and frisk based on Norfolk's conduct, the location's recent armed robberies, and the officer's experience. The court concluded that the evidence was lawfully seized and properly admitted.
Holdings
- The officer had reasonable suspicion that criminal activity was afoot and that Norfolk was unlawfully carrying a concealed weapon, so the Terry stop and frisk did not violate the Fourth Amendment.
- Because the Terry stop and frisk was lawful, the gun and marijuana seized during the search incident to arrest were properly admitted, and the fruit-of-the-poisonous-tree doctrine did not require their exclusion.
Questions Presented
- Whether Officer Reynolds had reasonable suspicion, based on specific and articulable facts, to conduct a Terry stop and frisk of Norfolk for weapons.
- Whether the evidence seized during the stop and frisk was inadmissible under the Fourth Amendment and the fruit-of-the-poisonous-tree doctrine.
- Whether, without the challenged evidence, sufficient evidence supported Norfolk's convictions.
Disposition
affirmed
Cases Cited (16)
- State v. Grayson, 336 S.W.3d 138, 146 (Mo. banc 2011)(followed)
- Mapp v. Ohio, 367 U.S. 643, 655 (1961)(followed)
- State v. Miller, 894 S.W.2d 649, 654 (Mo. banc 1995)(followed)
- State v. Rousan, 961 S.W.2d 831, 845 (Mo. banc 1998)(followed)
- State v. Galazin, 58 S.W.3d 500, 507 (Mo. banc 2001)(followed)
- State v. Kinkead, 983 S.W.2d 518, 519 (Mo. banc 1998)(followed)
- State v. Pike, 162 S.W.3d 464, 472 (Mo. banc 2005)(followed)
- State v. Gaw, 285 S.W.3d 318, 319-20 (Mo. banc 2009)(followed)
- Beck v. Ohio, 379 U.S. 89, 91 (1964)(followed)
- Terry v. Ohio, 392 U.S. 1, 16, 19 n.16, 20-21 (1968)(followed)
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Cited In (0)
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Court Document
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