379 S.W.3d 875
Mo. Ct. App.2012Background
- Robinson robbed Country Mart in Rolla, Missouri on October 2, 2010; convicted of robbery first degree, armed criminal action, and felonious restraint; sentenced to concurrent terms totaling 30, 30, and 10 years respectively.
- Robinson moved to suppress evidence seized during a search of his apartment conducted under a warrant for drugs and drug paraphernalia; the trial court denied the motion.
- Evidence recovered included cash in multiple locations within the apartment, a bag of marijuana, and drug paraphernalia, along with Robinson’s car; later cash was found on Robinson and in his possession.
- Detective Nakanishi obtained the search warrant and oversaw the apartment search; several bundles of currency matched patterns used by Country Mart and raised suspicions of criminal activity.
- During trial, the State sought to admit photographs and testimony about the currency and the locations where it was found; Robinson challenged admissibility.
- The appellate court affirmed, holding the currency seizure was within the scope of the warrant and the plain-view doctrine, and that the search was valid overall.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether currency seized was within the warrant scope | Robinson contends currency was outside scope and not in plain view | Robinson argues searches exceeded warrant terms and monetary evidence was not immediately incriminating | Held: currency within scope and admissible under plain view |
| Whether purse containing money and other items affects warrant validity | State failed to show all currency located before or after drug evidence; purse not owned by Robinson | Purse could validly be searched as it could contain drugs or paraphernalia | Held: purse search within scope; no error in admitting currency evidence |
Key Cases Cited
- , 145 S.W.3d 499 (Mo.App. W.D.2004) (plain-view and scope of warrant in drug searches)
- , 864 S.W.2d 452 (Mo.App. W.D.1993) (plain-view extending to areas where contraband may be found)
- Ross v. United States, 456 U.S. 798 (U.S. 1982) (plain-view and scope of search)
- Arizona v. Hicks, 480 U.S. 321 (U.S. 1987) (immediacy of incriminating nature in plain view)
- State v. Shaon, 145 S.W.3d 499 (Mo.App. W.D.2004) (material description and scope of warrant)
- State v. Kelly, 119 S.W.3d 587 (Mo.App. E.D.2003) (plain-view applicability and probable cause)
- State v. Tolen, 304 S.W.3d 229 (Mo.App. E.D.2009) (marshalling of warrant scope for drug search)
- State v. Taber, 73 S.W.3d 699 (Mo.App. W.D.2002) (suppression burden and standard of review)
- Horton v. California, 496 U.S. 128 (U.S. 1990) (officer's knowledge and warrant-based search limits)