State v. Sund

LAURA DENVIR STITH, Judge.

Ms. Kerstin Sund was convicted by a jury of drug trafficking in the second degree in violation of section 195.223.7, RSMo Supp.2005, 1 based upon the discovery of marijuana in the trunk of a rental car she was driving through Missouri. Ms. Sund claims the tidal court erred in denying her motion to suppress this evidence and in permitting it to be admitted at trial because it was the fruit of her unlawful seizure.

This Court agrees that the police officer’s demand that Ms. Sund and her companion let him search the trunk of their car or he would detain them while they…