(Download) "State Missouri v. Terry Bibb" by Eastern District, Writ Division Two Court of Appeals of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Terry Bibb
- Author : Eastern District, Writ Division Two Court of Appeals of Missouri
- Release Date : January 26, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an appeal by the State of Missouri under § 547.200 RSMo 1994, 1 from an order of the trial court granting Defendant Terry Bibb's motion to suppress evidence and ordering him discharged. A second notice of appeal was filed seeking review of a nunc pro tunc order issued by the trial court after the sustention of the motion to suppress. The appeals have been consolidated and Defendant's motion to dismiss is taken with the case. We reverse the grant of the suppression motion and the discharge of Defendant and grant Defendant's motion to dismiss in part. On April 21, 1995, at approximately twelve noon, Officers Jefferson and Clemmons, along with two other unidentified officers, were monitoring the 3900 block of Garfield. The area was under surveillance due to many citizen complaints about drug sales. The officers, sitting in an unmarked car, observed Defendant and another individual in the middle of the street. Officers Jefferson and Clemmons saw Defendant drop two off-white chunks to the ground, pick the items up and walk toward a van owned by Defendant. Upon reaching the van, the officers observed Defendant throw something inside the vehicle with the same hand used to pick the items up off the ground. Officer Jefferson detained the other individual, while Officer Clemmons walked toward Defendant and the van. Officer Clemmons testified to looking into the driver's side window of the van and seeing two off-white chunks, one on the driver's side and the other on the floorboard of the van. Officer Clemmons opened the door to the vehicle and seized the items, believing them to be two chunks of crack cocaine. Officer Clemmons read Defendant his rights and arrested him without protest. Later laboratory results indicated the items confiscated to be .22 grams of cocaine base. Defendant was charged by indictment with one count of possession of a controlled substance - cocaine base in violation of § 195.202. Defendant filed a motion to suppress physical evidence, namely, the two chunks of cocaine base seized by the police from Defendant's vehicle. Defendant's motion was argued to the court on October 11, 1995. On October 12, 1995, the court entered its order sustaining Defendant's motion to suppress and ordering Defendant be discharged.