Criminal
Location of arrest irrelevant when arrest is reasonable
“[I]n the absence of statute, municipal police officers have no official power to apprehend offenders beyond the boundaries of their municipality.” Statutes did not extend city of Poplar Bluff police officers’ authority to the city of Campbell. But that is irrelevant to Fourth Amendment considerations on a motion to suppress when an arrest is not unreasonable. “For felony offenses, warrantless arrests based on probable cause are constitutionally reasonable.” Whether probable cause supported the defendant’s arrest was not the subject of defendant’s motion to suppress. Order granting motion to suppress vacated.
State of Missouri, Appellant, vs. Nicholas A. Barton, Respondent.
Supreme Court of Missouri – SC99886
DWI
Twenty Minute Lawyer Call Abandoned
A driver’s conditional refusal of a breath test is a refusal except when the condition is contacting a lawyer, which the driver may attempt for 20 minutes, as allowed by statute. The statute “is satisfied if ‘the [20-]minute statutory period expires or the driver abandons the attempt.’” Abandoning the attempt includes when the driver quits trying to talk to a lawyer, even before the 20 minutes has run. Appellant talked with appellant’s lawyer, was read the implied consent information, and refused the test. Those facts support a conclusion that driver abandoned consultation with counsel, satisfying the 20-minute provision. Even if appellant showed a violation of the 20-minute provision, reversal would require a showing of prejudice, which does not occur when a driver refuses the breath test after consulting with counsel.
JAMES WILLIAM GAMBLIN, Petitioner-Appellant v. DIRECTOR OF REVENUE, Respondent-Respondent
Missouri Court of Appeals, Southern District – SD37960
