State v. Toolen

CRANE, Presiding Judge.

The state appeals from an order of the Circuit Court of Franklin County suppressing evidence seized in a warrantless search of a canvas bag in the trunk of a car pursuant to § 547.200.1(2) RSMo 1994 and Rule 30.02. The state argues that because the unoccupied car was rented to a third party and because defendant said the bag was not his, defendant had no expectation of privacy in the car or in the bag and therefore his Fourth Amendment rights were not violated by the search. Alternatively, the state argues that the search was conducted pursuant to a voluntary consent.…