State v. Byler

CROW, Judge.

The State brings this interlocutory appeal per § 547.200, RSMo 1986, from an order suppressing evidence in a case where Warren G. Byler, III (“defendant”) is charged with the class C felony of possessing cocaine, a controlled substance. § 195.202, RSMo Cum.Supp.1989. As no testimony was presented to the judge who entered the suppression order — The Honorable Don Bonacker — we glean the facts from the legal file and the parties’ briefs.1

On March 5, 1990, Detective David Zuhlke of the Springfield Police Department presented a written application for a search warrant to The Honorable…