Criminal
Motion to suppress needed expert evidence
On the defendant’s motion to suppress evidence, based on an invalid consent to a blood draw and invalid waiver of Miranda rights, the state had the burden of proof to show that the consent and waiver were knowing, voluntary, and intelligent. “A knowing and intelligent waiver is ‘normally shown by having a police officer testify that he read the accused his rights, asked whether the rights were understood, and received an affirmative response[,]’” which the record showed. The record also showed that the defendant involuntarily received “a tranquilizing drug” before the consent and waiver, so the circuit court granted the motion. But the record did not show that the drug made the consent and waiver anything less than knowing, voluntary, and intelligent. That was a matter for expert evidence and all the record showed was the defendant’s argument that the drug was a “heavy narcotic.” The state carried its burden so the Missouri Court of Appeals vacated the order suppressing evidence and remanded the action.
STATE OF MISSOURI, Plaintiff-Appellant vs. AMANDA M. MIRE, Defendant-Respondent
Missouri Court of Appeals-Southern District – SD38445