DocketNumber: No. SD 32651
Citation Numbers: 436 S.W.3d 566
Judges: Bates, Burrell, Sheffield
Filed Date: 10/7/2013
Status: Precedential
Modified Date: 1/12/2023
This is an appeal from the trial court’s order granting a motion to suppress evidence. Pursuant to Section 547.200(3), RSMo (2000), the State may file an interlocutory appeal from such an order. The State argues the trial court clearly erred in finding there was no reasonable suspicion to support the traffic stop that resulted in the arrest of Mark Stephen Beck (“Defendant”) for driving while intoxicated. We disagree and affirm the trial court’s order.
Standard of Review
When we review the trial court’s decision regarding a motion to suppress, we must determine whether there was sufficient evidence to support the trial court’s decision and we reverse the trial court’s decision only if it is clearly erroneous. State v. Smith, 373 S.W.3d 502, 504 (Mo.App.S.D.2012). “Whether conduct violates the Fourth Amendment is an issue of law
Factual and Procedural Background
Defendant was charged with driving while intoxicated and filed a motion to suppress the evidence in the case. Officer Pete Schisler (“Officer Schisler”) of the Republic Police Department was the only witness at the motion to suppress hearing. On March 19, 2012, at about 11:00 a.m., Officer Schisler was headed east on Highway 60 in Greene County. He noticed a pickup truck traveling in the opposite direction. The pickup truck was driving over the fog line separating the shoulder of the road from the driving lane. Officer Schisler turned around and caught up with the pickup truck. He activated his emergency lights. The pickup truck pulled over, and Officer Schisler discovered Defendant was driving the pickup. After investigation, Officer Schisler arrested Defendant for driving while intoxicated. The trial court granted the motion to suppress, stating “mere touching or crossing the fog line by itself’ does not justify a traffic stop. The State appealed.
Discussion
In its sole point relied on, the State argues the trial court clearly erred in granting the motion to suppress because there was reasonable suspicion for the traffic stop. We disagree.
Both the Missouri Constitution and the Fourth Amendment to the United States Constitution protect the people against unreasonable searches and seizures. U.S. Const, amend. IV; Mo. Const, art I, § 15; see also State v. Pike, 162 S.W.3d 464, 472 (Mo. banc 2005). Generally speaking, a search or seizure without a warrant is unreasonable unless the circumstances bring it within a well-recognized exception. Id. One such exception involves the so-called Terry
In the present case, the trial court found Officer Schisler observed “mere touching or crossing the fog line[.]” Based on that finding and the result in Roark, Abeln, and Mendoza, it cannot be said the trial court clearly erred in granting the motion to suppress.
In support of its argument to the contrary, the State discusses State v. Pike, 162 S.W.3d 464 (Mo. banc 2005); State v. Brown, 332 S.W.3d 282 (Mo.App.S.D.2011); State v. Malaney, 871 S.W.2d 634 (Mo.App.S.D.1994); State v. Huckin, 847
The trial court did not clearly err in determining Officer Schisler did not have reasonable suspicion for the stop. The State’s sole point on appeal is denied.
Decision
The trial court’s order is affirmed.
. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).