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State v. Robinson

Court of Appeals of Missouri, Western District, Fourth Division

May 23, 2017

STATE OF MISSOURI, Appellant,
v.
GREGORY L. ROBINSON, Respondent.

         APPEAL FROM THE CIRCUIT COURT OF RANDOLPH COUNTY The Honorable Scott A. Hayes, Judge

          Before Mark D. Pfeiffer, Chief Judge, Presiding, Lisa White Hardwick and Gary D. Witt, Judges

          Lisa White Hardwick, Judge.

         The State of Missouri appeals the circuit court's order granting Gregory Robinson's motion to suppress evidence relating to charges of manufacturing drugs and maintaining a public nuisance. The State contends the court erred in finding that the good faith exception to the exclusionary rule should not be applied because the officer who prepared the warrant affidavit demonstrated systemic negligence in his careless preparation of warrant affidavits. For reasons explained herein, we affirm.

         Factual and Procedural History[[1]]

         On August 1, 2013, a judge signed a warrant to search Robinson's home at 518 Porter Street in Moberly. An affidavit, sworn to by Sergeant Mark Arnsperger[2] of the Moberly Police Department, was part of the warrant application dated July 31, 2013. The affidavit included a detailed description of Robinson's residence and stated, in pertinent part:

On July 27, 2013 I was contacted by a Reliable confidential source, who stated sales of illegal drugs, were occurring at 518 Porter St. The source had specific detailed information Gregory Robinson aka: Skud was still selling crack cocaine and is now doing it from his residence at 518 Porter St. The source said Robinson is no longer dealing crack cocaine from the "Sugar shack" on West End or the yellow house across the street from the "Sugar shack". The yellow house the source referring to is, 1014 W End which was owned by Gregory Robinson, but now has been transferred to Greg Robinson Jr's name.
On November 8, 2012 Det Tim Rowe served a narcotics search warrant at Gregory Robinson's house at 1014 W End after receiving information Gregory Robinson and Donamitris Robinson were selling crack cocaine from the residence. Officers arrived at approximately 0630hrs that morning and found crack cocaine in the residence but Gregory Robinson was gone. Gregory Robinson was not located and was never questioned about this incident, and thus he was never charged. Det Rowe said the house was clearly set up as a "drug house". There was little furniture in the residence and there was large pit bull tied up out front.
A check of Gregory Robinson criminal history shows in May 1999, Gregory Robinson pled guilty to 2 counts of Distribution of a Controlled Substance near a School and he received a 10 year sentence. Then in August 2007, Gregory Robinson pled guilty again to Distribution of a Controlled Substance, for a total of 3 counts and received a 15 year sentence.
I contacted the Moberly Water Office and confirmed the water service at 518 Porter St. is in the name of Gregory Robinson.
I also noted prior to me getting this information, I would note while on routine patrol the last two months, the lack of activity at the 1014 W End and at the "Sugar Shack". The "Sugar Shack" is a nick name for small garage located at 1015 W End Pl and is currently owned by Greg Robinson Jr; the son of Gregory Robinson.
The "Sugar Shack" has a long history of place where people (mostly with criminal histories) would get together and gamble and also sell illegal drugs from the garage. In July 2006, Det David Johnson and I went to the "Sugar Shack" and served a search warrant and arrested Alex Cason and Richard Payne for Possession of Controlled Substance (Crack Cocaine) was found, along with illegal gambling machines.
On July 30, 2013 Det Rowe observed a Red in Color Mercury Mountaineer parked at 518 Porter Street. The Missouri License number was SD5B2U, which checks to Dorthy Seiler of 611 Cleveland. A check of Department records revealed, we received a call on June 24, 2013 from Dorthy Seiler and her boyfriend, Maurice Antonio Jackson. Jackson thought his vehicle might have been shot and he also mentioned he has problems with Princess Midgyett.
A check of Maurice Jackson's criminal history revealed he has prior convictions for drug sales. September 2005, Jackson pled guilty to Felony Possession of Controlled Substance and received a 15 year sentence. In September 2006, Jackson pled guilty to Distribution of a Controlled Substance and received another 15 year sentence. In December 2008, Jackson pled guilty to Distribution of a Controlled Substance and Distribution of a Controlled Substance near Government Housing. A check of Probation and Parole records shows Maurice Jackson is currently on Field Supervision by Officer Andrew Morris and is residing at 611 Cleveland, Moberly MO.
On July 30, 2013 I was contacted by Det David Johnson with the North Missouri Drug Task Force. Det Johnson stated he had reliable confidential source that saw an "8 ball" of Crack Cocaine and large amount of cash at 518 Porter St. in the last 30 days.
As an experienced and trained investigator I have reason to believe, based upon my investigation the crimes(s) Distribution of a Controlled Substance, RSMo statutes 195.211 and Possession of a Controlled Substance, RSMo statute 195.202 Maintaining a Public Nuisance RSMO 195.130 have been committed and that evidence of such criminal activity is Currently contained within the above-described property currently in the possession of Gregory Robinson Sr. In light of concerns described above, this Affiant requests permission to use whatever data analysis techniques appear necessary to locate and retrieve data that may be contained within cellular phones described herein, including password-defeating tools and techniques.
Additionally, in light of concerns described, this Affiant requests permission to have any storage devices and/or computer-related evidence transported out-of-county as necessary in the process of conducting analysis on said evidence, to involve the use of non-sworn personnel in activities related to the acquisition and analysis of said evidence, and to conduct analysis of said evidence beyond the ...

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