State v. Courtney

THOMAS H. NEWTON, Judge.

Mr. Kim Courtney was convicted by a jury and sentenced to five years in prison for possession of a controlled substance, methamphetamine, in violation of section 195.202, RSMo 2000. Prior to trial, the trial court overruled Mr. Courtney’s motion to suppress evidence of the methamphetamine and statements made to the police after his arrest. He argues that the evidence obtained by the police was the fruit of an illegal search under the state and federal constitutions. We reverse.

I. Factual and PRocedural Background

After James Wilmore’s girlfriend reported him missing,…