{"id":9377,"date":"2013-10-17T11:23:12","date_gmt":"2013-09-01T06:49:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-01T06:49:06","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9377","title":{"rendered":"MO: Asking for consent while warrant check was still pending was unreasonable"},"content":{"rendered":"

Defendant was stopped for a dirty license plate, and she was asked for consent while the warrant check was being run. This was unreasonable because she was not free to go. (And, for what it’s worth, the state is responsible for the “thin record.”) State v. Stoebe<\/a>, 406 S.W.2d 509 (Mo. App. 2013):<\/p>\n

<\/p>\n

The State contends that cases like Vogler and Weddle have no application here because Officer Ryun secured Stoebe’s consent to search her purse while Officer Ryun was running a warrant check on Stoebe’s license, and thus before the traffic stop was complete. In other words, the State contends that the trial court’s conclusion that consent to search was secured after the traffic stop should have been completed was clearly erroneous. The record fails to support the State’s claim. Despite bearing the burden of going forward with evidence and the risk of nonpersuasion during the suppression hearing, the State adduced very little detail from Officer Ryun. Cf. State v. Foster, 392 S.W.3d 576 n.1 (Mo. App. S.D. 2013) (holding on review of an order suppressing evidence the need to “glean [] facts from [a] thin record” where the state called only one witness, and adduced very little testimony from the witness). The thin record from the suppression hearing is silent about when Officer Ryun began his attempts to secure consent to search Stoebe’s vehicle; and about whether those efforts occurred before, during, or after Officer Ryun ran Stoebe’s information through MULES [the computer system]. The record is silent about when or whether Officer Ryun completed the records check of Stoebe’s information; about the results of that check; and about whether Officer Ryun communicated the results of the records check to Stoebe. The record is silent about whether or when Stoebe was issued a traffic citation or warning for driving with an improperly illuminated\/dirty license plate–an offense Stoebe admitted to Officer Ryun that she had committed before she was removed from her vehicle and asked to sit in the patrol car. The record is silent about when or whether Stoebe’s driver’s license was returned to her. In short, the record contains no evidence from which a conclusion can be drawn as to the timing of Stoebe’s purported consent and the completion of the reasonable investigation into the traffic stop.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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