State v. Waldrup
2011 Mo. LEXIS 61
| Mo. | 2011Background
- Waldrup appeals his conviction for possessing a controlled substance under §195.202; the trial court denied his suppression motion and objections to evidence and testimony.
- Checkpoint stop at I-35 in Clay County led to Waldrup’s exit for pat-down and a radio check after officers observed unusual behavior.
- Waldrup’s identification was obtained by officers; a radio check revealed multiple arrest warrants.
- Waldrup was arrested, and a search incident to arrest disclosed $365 and a cocaine-base rock in his shoe; the substance was later confirmed as cocaine base.
- Waldrup raised Fourth Amendment challenges to the stop, detention, and subsequent search; the court affirmed the conviction and sentence.
- Waldrup received a 12-year sentence as a prior and persistent drug offender.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and Waldrup’s detention were lawful under Terry. | Waldrup argues the stop/detention were unlawful after Shields was released. | State contends the stop was based on reasonable suspicion and properly extended. | Yes; detention justified by reasonable suspicion and narrowly tailored. |
| Whether the frisk and vehicle search were within the permissible scope of a Terry stop and Long search. | Waldrup contends the frisk/search exceeded scope and was improperly induced. | State maintains frisk/search were authorized by reasonable suspicion and Michigan v. Long framework. | Yes; actions within scope of Terry stop and Long-based vehicle search. |
| Whether the evidence seized during arrest was admissible as incident to a lawful arrest. | Waldrup asserts the arrest/search was invalid for Fourth Amendment reasons. | State argues arrest based on warrants allowed valid search of arrestee and immediate control area. | Yes; lawful arrest justification supported admission of evidence. |
Key Cases Cited
- State v. Oliver, 293 S.W.3d 437 (Mo. banc 2009) (suppression standard and framework for reviewing searches)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonable suspicion for stop and scope of intervention)
- Michigan v. Long, 463 U.S. 1032 (1983) (authority to search vehicle interior when threat suspected)
- Deck, 994 S.W.2d 527 (Mo. banc 1999) (reasonableness of actions during stop based on suspicion)
- Lanear, 805 S.W.2d 713 (Mo. App. 1991) (observations supporting reasonable suspicion during stop)
- Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004) (identity questions as part of a Terry stop)
- Gant, 129 S. Ct. 1710 (2009) (expands search incident to arrest to defined circumstances)
- Pike, 162 S.W.3d 464 (Mo. banc 2005) (reasonableness standard for warrantless seizures)