STATE OF MISSOURI v. NICHOLAS A. BARTON, Defendant-Respondent

Missouri Court of Appeals Southern District In Division STATE OF MISSOURI, ) ) Plaintiff-Appellant, ) ) v. ) Consolidated Nos. ) SD37421 and SD37422 NICHOLAS A. BARTON, ) ) Filed: October 25, 2022 Defendant-Respondent. ) APPEAL FROM THE CIRCUIT COURT OF BUTLER COUNTY Honorable Thomas D. Swindle REVERSED AND REMANDED WITH DIRECTIONS This appeal presents the question of whether a police officer necessarily violates the Fourth Amendment when he makes an arrest that is prohibited by state law. Relying upon Virginia v. Moore,

553 U.S. 164

(2008), we answer that question in the negative. Pursuant to…