State v. Borotz

NUGENT, Presiding Judge.

Defendant appeals his conviction by a jury of possession of over thirty-five grams of marijuana, § 195.0201, for which he was sentenced to five years imprisonment. He argues that certain questions by the prosecutor impermissibly attempted to use his post-arrest silence against him and that the warrantless search of an attache case found in his car violated his Fourth Amendment right to freedom from unreasonable searches and seizures. We affirm.

On the evening of December 4,1979, officers McCoy and Soligo of the Kansas City, Missouri, police department were assigned to a…