State v. Payne

SMITH, Judge.

The State filed this interlocutory appeal pursuant to Sec. 547.200.1, RSMo 1986, to review the action of the trial court in granting defendant’s motion to suppress evidence. Defendant was charged with the misdemeanor of driving while intoxicated and as a prior offender, making the charge a Class A misdemeanor. Sec. 577.010, 577.-023 RSMo 1986.

The trial court’s action was based on its implicit finding that defendant’s arrest was based upon his having been stopped at an unconstitutional sobriety checkpoint i.e. roadblock. After this appeal was taken, the Western District of this…