Adum v. St. Louis Metropolitan Police Department
2014 Mo. App. LEXIS 227
Mo. Ct. App.2014Background
- SLMPD appeals a trial-court expungement judgment favoring Adum.
- Adum was arrested for domestic assault after a hospital interview but no charges issued.
- Adum sought expungement; he submitted only a victim affidavit stating she did not wish to prosecute.
- Officer Meeks and Detective Foote testified about the victim's statements and alleged conduct.
- The trial court expunged the arrest records, finding the arrest based on false information and no probable cause.
- The appellate court reverses, holding Adum failed to prove false information and lack of probable cause; statutes applied de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Adum proved the arrest was based on false information | Adum | SLMPD | No; lack of evidence to show false information. |
| Whether there was no probable cause at the time of expungement | Adum | SLMPD | No; no substantial evidence that there was no probable cause. |
Key Cases Cited
- Coleman v. Missouri State Criminal Records Repository, 268 S.W.3d 464 (Mo.App. E.D. 2008) (burden to prove arrest based on false information)
- Martinez v. State, 24 S.W.3d 10 (Mo.App. E.D. 2000) (probable cause broader concept in expungement)
- Rozier v. Director of Revenue, State of Missouri, 164 S.W.3d 108 (Mo.App.E.D. 2005) (standard of review for statutory applications de novo)
- Schollmeyer v. State, 395 S.W.3d 79 (Mo.App. E.D. 2013) (statutory requirements applied as law; de novo review)