State v. Norfolk
2012 Mo. LEXIS 107
| Mo. | 2012Background
- Norfolk was convicted after a bench trial of unlawfully carrying a concealed weapon and possession of marijuana, with concurrent prison and jail terms and probation.
- Officer Reynolds observed Norfolk in a high-crime area, noticed him adjust his pants as if concealing a weapon, and initiated a stop after seeing a furtive waistband movement.
- Norfolk was questioned inside a store, then ordered outside where he complied with a weapons check; a gun and marijuana were later seized during a search incident to arrest.
- Norfolk moved to suppress all seized items, arguing the stop/search violated the Fourth Amendment as an unlawful Terry Stop and Frisk.
- The circuit court denied the motion to suppress; Norfolk waived a jury and proceeded to bench trial, admitting possession of the gun and marijuana.
- The court found Norfolk guilty of unlawful use of a weapon (concealed) and possession of marijuana; on appeal, the core issue is whether the stop was supported by reasonable suspicion and whether the evidence was admissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop based on reasonable suspicion? | Norfolk | Norfolk | Yes; reasonable suspicion supported the Terry Stop |
| Was the evidence seized admissible under the Fourth Amendment? | Norfolk | Norfolk | Evidence admissible; lawfully obtained |
| Is there sufficient evidence to sustain the convictions without tainted testimony? | Norfolk | Norfolk | Convictions supported by remaining evidence |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (U.S. 1964) (probable cause and seizure standards under the Fourth Amendment)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (stop-and-frisk permissible with reasonable suspicion)
- State v. Pike, 162 S.W.3d 464 (Mo. banc 2005) (limitation and scope of investigative detentions)
- State v. Grayson, 336 S.W.3d 138 (Mo. banc 2011) (exclusionary rule and fruit-of-the-poisonous-tree doctrine)
- State v. Gaw, 285 S.W.3d 318 (Mo. banc 2009) (standard of review for suppression rulings; de novo review of law)
- State v. Johnson, 316 S.W.3d 390 (Mo. App. 2010) (use of officer experience in reasonable-suspicion analysis)