MO: When def relies on traffic stop cases, she has to show when reasonable suspicion was required

Defendant relies on traffic stop cases, so it’s incumbent on her to show that at what point the consensual stop transformed into a stop governed by the Fourth Amendment requiring at least reasonable suspicion. State v. Marr, 2016 Mo. App. LEXIS 910 (Sept. 13, 2016).

“In this case, the evidence shows that Defendant was not initially detained. The encounter between the officers and Defendant was cordial and calm. Officers walked up the driveway to speak with Defendant. Though they were in tactical gear, their weapons were holstered. Additionally, the officers and Defendant were also quite familiar with one another, so much so that the officers knew Defendant’s nickname and Chief Deputy Simmons greeted him. Given the circumstances at that time, Defendant could have disregarded the officers and continued going about his business. Therefore, the initial encounter was consensual and Defendant was not detained then.” Circumstances evolved, however, and defendant was justifiably frisked. United States v. Pryor, 2016 U.S. Dist. LEXIS 122254 (W.D. Mo. July 5, 2016), adopted, 2016 U.S. Dist. LEXIS 121926 (W.D.Mo. Sept. 9, 2016).*