John Doe v. St. Louis County Police Department, Criminal Records Repository, St. Louis County Prosecuting Attorney's Office, Associate Court Division 35, and Lambert International Airport P.D. Transportation Security Administration
505 S.W.3d 450
Mo. Ct. App.2016Background
- Petitioner (John Doe) was detained at Lambert–St. Louis International Airport after TSA found a loaded semi‑automatic pistol in his carry‑on at a security checkpoint.
- He held a valid Missouri concealed‑carry permit at the time and testified he forgot the firearm in his backpack.
- He was arrested and charged with unlawful use of a weapon (§ 571.030.1(1)); the charge was later nol prossed and dismissed.
- Petitioner petitioned under Mo. Rev. Stat. § 610.122 to expunge his arrest record; the trial court denied relief, finding probable cause and that the arrest was not based on false information.
- On appeal, the court reviewed whether the arrest was based on false information and whether statutory text (particularly § 571.107.2) makes the conduct non‑criminal for concealed‑permit holders.
- The Court of Appeals reversed, holding the arrest was based on false information because Missouri law makes carrying a concealed firearm into an airport screening area by a permit holder a non‑criminal act (subject only to removal/citation), so the officers’ belief that the conduct was a crime was a legal mistake amounting to false information under § 610.122.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest "was based on false information" under § 610.122 | Arrest was based on false information because petitioner’s undisputed facts (valid permit) made his conduct non‑criminal; officers merely misapplied the law | Officers relied on accurate factual information (gun in bag); denial was proper because there was probable cause to arrest for unlawful use of a weapon | Held for petitioner: "false information" includes officers’ mistaken belief that otherwise lawful conduct was criminal; arrest was based on false information |
| Whether carrying a concealed firearm into airport screening by a permit holder is a crime | Petitioner: § 571.107.2 makes such possession not a criminal act; at most removal/citation | Respondents: possession in airport screening area can support unlawful use charge under § 571.030 read with § 571.107 restrictions | Held: § 571.107.2 unambiguously makes carrying by a valid permit holder in screening area not a criminal act (civil sanctions possible), so conduct was not criminal |
Key Cases Cited
- In re Dyer, 163 S.W.3d 915 (Mo. banc 2005) (expungement standard; petitioner bears burden to show actual innocence and arrest based on false information)
- Doe v. Mo. State Highway Patrol Criminal Records Repository, 474 S.W.3d 171 (Mo. App. E.D. 2015) (false information requires that police relied on inaccurate factual assertions supporting arrest)
- Martinez v. State, 24 S.W.3d 10 (Mo. App. E.D. 2000) (probable cause and remedial statutes should be liberally construed)
- Martin v. State, 267 S.W.3d 808 (Mo. App. E.D. 2008) (false information means the information relied upon was a lie)