Legal Opinion
State v. Hamilton
Missouri Court of Appeals
Decided June 14, 2007No. 28218PublishedCited by 6 opinions
1Opinion of the Court
DANIEL E. SCOTT, Judge.
Defendant is charged with two felonies relating to a handgun found during a search of his car after a traffic stop. He moved to suppress the gun. The trial court did so. The State appeals under RSMo § 547.200.1 and Rule 30.02. 1 We affirm.
Standard of Review
At a suppression hearing, the State bears both the burden of producing evidence and the risk of nonpersuasion to show by a preponderance of the evidence that the motion should be overruled. The trial court can believe or disbelieve any or all of the State’s evidence, even if uncon-tradicted, and may find the State…
2Cases cited12 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Michigan v. LongSupreme Court of the United States · 1983
- State v. MilliornSupreme Court of Missouri · 1990
- State v. HowellSupreme Court of Missouri · 1975
- State v. PondSupreme Court of Missouri · 2004
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3Cited by6 opinions
- State of Missouri v. Kathryn AventMissouri Court of Appeals · 2014
- State v. FosterMissouri Court of Appeals · 2013
- State v. MadisonMissouri Court of Appeals · 2010
- State of Missouri v. Kathryn AventMissouri Court of Appeals · 2014
- State of Missouri v. Scott Allen UtechMissouri Court of Appeals · 2021
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