State v. Boykins

ROY L. RICHTER, Judge.

The State of Missouri (“State”) appeals from the trial court’s order granting Timothy Boykins’ (“Defendant”) pre-trial motion to suppress evidence. We reverse and remand.

I. BACKGROUND

On June 2, 2008 shortly before midnight police observed Defendant standing in front of a vacant building with one hand placed under his shirt. The officers were in uniform, driving an SUV with lights on the top, and “Police” marked on the back, front and sides. One of the officers, Officer Michael Scego (“Officer Scego”), testi fied that while he did not observe Defendant committing a crime,…