State v. Smith

BARNEY, Judge.

This is an interlocutory appeal pursuant to § 547.200.3 1 wherein the State of Missouri appeals from the order of the trial court granting the motion of Delza Smith (Defendant) to suppress evidence of a felony amount of marijuana recovered from his automobile.

The State contends on appeal that the motion to suppress was granted against the weight of the evidence in that there was sufficient evidence to prove that Defendant consented to the search. In the alternative, the State argues that the initial stop for a traffic violation raised an articulable reasonable suspicion from the…