State of Missouri v. Elton J. Norfolk

366 S.W.3d 528 (Mo. banc 2012) · Supreme Court of Missouri · June 12, 2012 · No. SC 92252

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

  1. 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.
  2. 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

  1. Whether Officer Reynolds had reasonable suspicion, based on specific and articulable facts, to conduct a Terry stop and frisk of Norfolk for weapons.
  2. Whether the evidence seized during the stop and frisk was inadmissible under the Fourth Amendment and the fruit-of-the-poisonous-tree doctrine.
  3. 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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