Defendant was searched incident to arrest for a rape. There, however, was a complete lack of probable cause for his arrest, and the search is suppressed. He was only the same general height and description of the attacker, and he was near the scene days later at a bus transfer point where he got off one bus and was waiting for another. There were specific scars and tattoos given in a description that the police didn\u2019t check for before the arrest. \u201cOn more than one occasion, the officers suggested the victim was not being truthful with them. (See Fact No. 27) Many of the questions which the officers directed to the victim were indicative of the significant concern they had with respect to the victim’s credibility and truthfulness.\u201d United States v. Evans, 2015 U.S. Dist. LEXIS 175726 (W.D.Mo. Nov. 9, 2015),* adopted 2016 U.S. Dist. LEXIS 11840 (W.D. Mo. Feb. 2, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant was searched incident to arrest for a rape. There, however, was a complete lack of probable cause for his arrest, and the search is suppressed. He was only the same general height and description of the attacker, and he … Continue reading