Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Parkman

Court of Appeals of Missouri, Southern District, First Division

May 23, 2017

STATE OF MISSOURI, Plaintiff-Appellant,
v.
ANGIE LYNN PARKMAN, Defendant-Respondent.

         APPEAL FROM THE CIRCUIT COURT OF CAMDEN COUNTY Honorable Ralph Jaynes

         REVERSED AND REMANDED WITH DIRECTIONS

          DON E. BURRELL, J.

         The State brings this timely interlocutory appeal[1] to seek a reversal of the trial court's order granting Angie Lynn Parkman's ("Defendant") motion to suppress the seizure and search of her "person, home, purse, and cell phones" ("the suppression motion") after an evidentiary hearing.[2] The police searched Defendant's residence based on information suggesting that she was involved in illegal drug activity. Because the trial court did not decide whether Defendant had consented to the search, we reverse its ruling and remand the matter for further proceedings consistent with this opinion.

         Applicable Principles of Review and Governing Law

         The State must present evidence that convinces the trial court, by a preponderance of the evidence, that a motion to suppress should be denied. State v. Grayson, 336 S.W.3d 138, 142 (Mo. banc 2011). "The circuit court's duty is 'to resolve any issues of credibility before ruling on the motion to suppress and to base its ruling on the facts as it perceived them to be true.'" State v. Nebbitt, 455 S.W.3d 79, 86 (Mo. App. E.D. 2014) (quoting State v. Sanders, 16 S.W.3d 349, 351 (Mo. App.W.D.2000)).

A trial court's ruling on a motion to suppress will be reversed only if it is clearly erroneous. State v. Sund, 215 S.W.3d 719, 723 (Mo. banc 2007). This Court defers to the trial court's factual findings and credibility determinations and considers all evidence and reasonable inferences in the light most favorable to the trial court's ruling. Id. Whether conduct violates the Fourth Amendment is a question of law, which is reviewed de novo.

State v. McNeely, 358 S.W.3d 65, 68 (Mo. banc 2012).

         Evidentiary and Procedural Background

         The suppression motion asserted that the search of Defendant's home and subsequent seizure of evidence "was without probable cause, without a warrant, and without consent." At the beginning of the evidentiary hearing, defense counsel agreed with the prosecutor's statement that Defendant was subject to a special condition of probation at the time of the search that she "shall consent to a search of [her] person, any car [s]he's driving or a passenger in, or [her] place of residence at any time [s]he's requested to do so by any law enforcement officer or probation officer" ("the special condition").[3]

         Defense counsel maintained that despite the special condition, the search "was an improper search resulting in an improper seizure, because [Defendant] did not adequately give consent." In support of that position, defense counsel argued both that there had been "a show of force from law enforcement, and [Defendant] has an option of violating her probation or she has an option of taking on a new case, perhaps."

         Lake Area Narcotics Enforcement Group Task Force Officer B.A. Pratt testified that he went to Defendant's home on June 22, 2015 because he "had received information that [Defendant] was involved in the distribution and use of opiates and other controlled substances." Officer Pratt could not "really give . . . specific sources" for the information, and he could not remember whether the sources were "law enforcement officers, concerned citizens, " or something else. At the time he went to Defendant's house, Officer Pratt knew that Defendant was on probation as a result of a previous "undercover narcotics investigation[.]"

         Another officer, Missouri State Highway Patrol Sergeant Wertz, [4] testified on behalf of the State, and Defendant also testified. The accounts provided by the officers conflicted with Defendant's testimony regarding whether she consented to a search. Defendant's testimony contradicted the officers' testimony about whether Officer Pratt used profanity or yelled when speaking with Defendant, and she also testified that she was unaware of the special condition until the officers told her about it on the day of the search.

         Officer Pratt's testimony was that Defendant "answered the door and stepped outside on the front porch." Officer Pratt identified himself, and Defendant confirmed that she was on probation. Officer Pratt asked for consent to search, and Defendant "said, I'll let you search. Can I put my kids down in their bedroom downstairs?" Officer Pratt ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.