Legal Opinion · Dissent

State v. Brown

Missouri Court of Appeals

Decided September 4, 2012No. WD 73142Published

1DissentGary D. Witt, Judge

While I agree that this cause should be remanded to the trial court for further proceedings, I would affirm the trial court’s judgment sustaining Brown’s motion to suppress regarding the evidence recovered from the automobile (Malibu) and, therefore, I dissent in part from the result of the Majority opinion. The Majority opinion (1) fails to give appropriate deference to the factual findings and credibility determinations of the trial court, (2) erroneously determines that Appellant lacked standing to raise the issue of a reasonable expectation of privacy in the rental car (Malibu), and (8)…

2Cases cited36 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Franks v. DelawareSupreme Court of the United States · 1978
  5. Rakas v. IllinoisSupreme Court of the United States · 1979

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