State v. Kelley
| Decision Date | 13 December 1971 |
| Docket Number | No. 55904,No. 1,55904,1 |
| Citation | 473 S.W.2d 707 |
| Parties | STATE of Missouri, (Plaintiff) Respondent, v. Robert Allen KELLEY, (Defendant) Appellant |
| Court | Missouri Supreme Court |
John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.
Samuel T. Vandover, Asst. Public Defender, Clayton, for appellant.
Defendant was charged with burglary in the second degree and stealing. See §§ 560.070 and 560.156. 1 The information also charged prior felony convictions under the provisions of § 556.280. The jury found defendant guilty of both offenses and the court (after making the required findings) fixed his punishment at imprisonment for a term of ten years for the burglary and five years for the stealing, the sentences to run consecutively. See §§ 560.095 and 560.110(1). Defendant has appealed. We affirm.
The only point relied on by defendant upon this appeal is that 'the court erred by denying appellant's motion to suppress appellant's written and oral confessions in that same were obtained as a result of an arrest not founded on probable cause.' In view of that contention we will restrict our factual statement largely to matters relating thereto.
Defendant is alleged to have participated, along with Russell Lawrence and Gerald Raymer, in a burglary, on November 17, 1969, of a bakery called Hart's Family Store, which was located at 8709 Good-fellow, in Jennings, St. Louis County, Missouri. Facts relating to the burglary are contained in a brief written statement given by defendant to certain St. Charles County officers, as follows: It was Sunday night, November 16, 1969, and me and Lawrence and Raymer were in Jennings, I guess. There was a bakery there. We were in my
The circumstances relating to the arrest of defendant were detailed in testimony taken out of the hearing of the jury during the trial. St. Louis City Police Officer James Enright testified that on November 25, 1969, he and Detective Thornberry observed two known police characters, Donnie Winters and Melvin Steagal, parked behind the house of another known police character in a truck which the officers knew that neither of the occupants owned; that they knew that a truck of the same description had been involved in burglaries in North St. Louis County; that as they approached the truck the two men got out and came towards their car to talk to them; that they were suspicious concerning the truck and proceeded to search it; that they found, under the front seat, three checks of the U.S. Department of Agriculture with amounts filled in with the use of a check protector; that upon calling St. Charles County officers they learned that the checks had been taken in a burglary of the Department of Agriculture office in St. Charles; that they then learned from Winters that the owner of the truck, the defendant, was at his (Winters') house and had brought the Department of Agriculture checks, together with a check protector, to his house. They then went to Winters' home where they arrested Mrs. Winters and the defendant for the St. Charles County burglary. Upon searching the house they found in a closet a cardboard box which contained 97 other Department of Agriculture checks apparently taken in the St. Charles burglary, as well as a check protector and a typewriter.
On November 26, Detective Sergeant Joseph Velders of the St. Charles County sheriff's office went to St. Louis and obtained custody of the defendant, advising him that he was under arrest for suspected burglary of the Department of Agriculture Building in St. Charles. Defendant was returned to the St. Charles County jail where he signed a Miranda waiver form and, about 11:30 p.m., was questioned by Velders and Detective Glaser....
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State v. Kimball, 11546
...available to the officers at the time the arrest was made. State v. Hicks, 515 S.W.2d 518, 521(1) (Mo.1974); State v. Kelley, 473 S.W.2d 707, 710(3) (Mo.1971); State v. Abbott, 571 S.W.2d 809, 811 (Mo.App.1978). Nevertheless, in assessing the existence of probable cause, we look to the coll......
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State v. Vineyard
...S.Ct. 223, 226, 13 L.Ed.2d 142 (1964)), the foregoing elements all available to the officers at the moment of arrest (State v. Kelley, 473 S.W.2d 707, 710(3) (Mo.1971)), in our view comprise probable cause for arrest and are far above the level of a mere suspicion that a felony was being co......
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