499 S.W.3d 367
Mo. Ct. App.2016Background
- On Aug. 20, 2014, Higginsville Officer Danny Logan responded to a stranded-vehicle call, approached a stopped car, and engaged in a consensual encounter with driver Christopher Hubbard and passenger Sheena Marr.
- Officer observed furtive movements by Hubbard and signs that Marr appeared under the influence of stimulants; Marr produced a DOC ID and said she was on probation.
- Officer ran IDs, asked Marr to exit the vehicle, requested consent to search her purse (denied), and deployed a drug-sniffing dog; the dog alerted at the passenger-side door.
- A subsequent search after Hubbard exited produced ~36 grams of methamphetamine, marijuana, paraphernalia, a handgun, ammunition, and cell phones; Marr later admitted knowledge of the meth and possession of the marijuana.
- Marr was convicted of first-degree trafficking and misdemeanor possession; sentenced as a persistent offender to 16 years. She appealed, challenging (1) denial of her suppression motion and (2) the trial court’s failure to sua sponte strike a juror who was the judge’s spouse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer impermissibly extended the initial investigation such that evidence should be suppressed | Marr: once officer determined no assistance was needed, continued actions (dog, search) exceeded scope and violated Fourth Amendment | State: encounter began consensual; officer developed reasonable suspicion from furtive movements, Marr’s appearance, probation status, and nervousness; dog alert provided probable cause | Court: No Fourth Amendment violation — encounter was initially consensual, reasonable suspicion existed before detention, dog alert supplied probable cause; suppression denial affirmed |
| Whether trial court should have sua sponte struck juror who was the judge’s spouse for appearance of impropriety | Marr: Juror’s marriage to the trial judge created an appearance of impropriety requiring disqualification for cause | State: No statutory cause for strike shown; parties had opportunity to challenge and did not; judge recusal not requested | Court: Claim waived — Marr knew of relationship but did not move to strike and expressly announced no objection; failure to object constituted waiver |
Key Cases Cited
- Florida v. Bostick, 501 U.S. 429 (1991) (approach-questioning in public is permissible; seizure requires showing person would not feel free to leave)
- Ornelas v. United States, 517 U.S. 690 (1996) (legal determinations of reasonable suspicion and probable cause reviewed de novo)
- Terry v. Ohio, 392 U.S. 1 (1968) (framework for investigative detentions)
- State v. Grayson, 336 S.W.3d 138 (Mo. banc 2011) (standard of review for suppression rulings)
- State v. Lammers, 479 S.W.3d 624 (Mo. banc 2016) (approach to consensual encounters vs. seizures)
- State v. Smith, 373 S.W.3d 502 (Mo. App. S.D. 2012) (drug-dog deployment supported by reasonable suspicion; dog alert can establish probable cause)