Legal Opinion · Concurrence

State of Missouri v. Lloyd E. Fowler

Missouri Court of Appeals

Decided May 12, 2015No. WD77167Published

1ConcurrenceJoseph M. Ellis, Judge

While I agree that the trial court’s decision must be reversed, I write separately because I believe the case must be analyzed and decided within the context of the United States Supreme Court’s decision in Franks v. Delaware, 488 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).

In his Affidavii/Application for Search Warrant, Detective Benson swore that:

On 07-28-2009, at approximately 1710 hours, a detective with the Kansas City Missouri Police Department, Street Crimes Unit and a confidential informant responded to a residence at 1228A E. 4th Street, Kansas City, Jackson County, Missouri…

2Cases cited8 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. State v. BakerSupreme Court of Missouri · 2003
  4. State v. NeherSupreme Court of Missouri · 2007
  5. State v. TaylorMissouri Court of Appeals · 2012

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