State v. Moody, No. 53995

CourtUnited States State Supreme Court of Missouri
Writing for the CourtDONNELLY
Citation443 S.W.2d 802
PartiesSTATE of Missouri, Respondent, v. Louis B. MOODY, Appellant
Decision Date21 July 1969
Docket NumberNo. 53995,No. 2

Page 802

443 S.W.2d 802
STATE of Missouri, Respondent,
v.
Louis B. MOODY, Appellant.
No. 53995.
Supreme Court of Missouri, Division No. 2.
July 21, 1969.

Edward T. Foote, St. Louis, for appellant, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

John C. Danforth, Atty. Gen., Jefferson City, Frank W. May, Special Asst. Atty. Gen., Desloge, for respondent.

DONNELLY, Presiding Judge.

Appellant, Louis B. Moody, was convicted of possessing dextro amphetamine sulfate, a stimulant drug, under § 195.240, RSMo 1959, V.A.M.S., by the Circuit Court of the City of St. Louis, and his punishment under the provisions of the Habitual Cruminal Act, § 556.280, RSMo 1959, V.A.M.S., was assessed at imprisonment in the custody of the State Department of Corrections for a term of two years. Following rendition of judgment and imposition of sentence an appeal was perfected to this Court.

On February 19, 1968, appellant was driving a car alone at night in the Gaslight Square area in the City of St. Louis. Two police officers followed appellant's car and observed that it was 'zig-zagging, going over the dividing line.' They stopped the car and placed appellant under arrest 'for failure to keep to the right.' They searched appellant's person and seized five hypodermic needles, one syringe, and a tinfoil packet containing a stimulant drug.

Page 803

Appellant preserved his objection to the search and seizure by motion to suppress before trial.

Appellant's counsel has filed an excellent brief and has narrowed the issues on appeal. He asserts that the 'issue presented on this appeal is whether an arrest for a minor traffic violation, absent any additional circumstances suggesting either danger to the arresting officers or that another crime has been committed justified the search of appellant's person.'

In determining the issue, we recognize that it is our duty to consider the constitutional issues involving search and seizure 'in the light of the 'fundamental criteria' laid down by the Fourth Amendment and in opinions of * * * (the Supreme Court of the United States) applying that Amendment.' Ker v. California, 374 U.S. 23, 33, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963); Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961); State v. Owens, 302 Mo. 348, 259 S.W. 100, 32 A.L.R. 383 (1924).

In Harris v. United States, 331 U.S. 145, at 150 and 151, 67 S.Ct. 1098, at 1101, 91 L.Ed. 1399 (1947), the Supreme Court of the United States stated:

'If it is true, as petitioner contends, that the draft cards were seized in violation of petitioner's rights under the Fourth Amendment, the conviction based upon evidence so obtained cannot be sustained. Boyd v. United States, 16 U.S. 616, 6 S.Ct. 524, 29 L.Ed. 746 (1886); Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914); Agnello v. United States, 269 U.S. 20, 46 S.Ct. 4, 70 L.Ed. 145 (1925); Segurola v. United States, 275 U.S. 106, 48 S.Ct. 77, 72 L.Ed. 186 (1927). This Court has consistently asserted that this Court has consistently asserted that the by the Fourth Amendment '* * * are to be regarded as of the very essence of constitutional liberty; and that the guaranty of them is as important and as imperative as are the guaranties of the other fundamental rights of the individual citizen * * *' Gouled v. United States, 255 U.S. 298, 304, 41 S.Ct. 261, 65 L.Ed. 647 (1921).

'This Court has also pointed out that it is only unreasonable searches and seizures which come within the constitutional interdict. The test of...

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21 practice notes
  • State v. Witherspoon, Nos. 54102
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1970
    ...committed and had reasonable grounds to believe the car and a passenger were the same as identified by the holdup victim. State v. Moody, 443 S.W.2d 802 (Mo.1969) was a stimulant drug case in which a search and seizure were made incident to a lawful Recognizing that '* * * The constitutiona......
  • State v. Achter, No. 9562
    • United States
    • Missouri Court of Appeals
    • July 22, 1974
    ...a traffic stop. 414 U.S. at 234, 94 S.Ct. at 476, 38 L.Ed.2d at 440, n. 5. This view was adopted by our Supreme Court in State v. Moody, 443 S.W.2d 802 (Mo.1969) but was limited to its facts in State v. Meeks, 467 S.W.2d 65 (Mo. banc 1971). Cf. State v. McCrary, 478 S.W.2d 349 (Mo.1972) (qu......
  • State v. Mease, No. 72846
    • United States
    • United States State Supreme Court of Missouri
    • November 24, 1992
    ...an arrest, even though the arrest is an objectively lawful arrest, State v. Blair, 691 S.W.2d 259 (Mo. banc 1985), and State v. Moody, 443 S.W.2d 802 (Mo.1969). These cases both involve traffic arrests, and it is questionable whether they apply to cases where the arrest was for some offense......
  • State v. Blair, No. 66352
    • United States
    • United States State Supreme Court of Missouri
    • May 29, 1985
    ...more, a search incident to the arrest. United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); State v. Moody, 443 S.W.2d 802 (Mo.1969). It is also true that a suspect in lawful custody is subject to fingerprinting as part of routine identification procedure. Smith v. ......
  • Request a trial to view additional results
21 cases
  • State v. Witherspoon, Nos. 54102
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1970
    ...committed and had reasonable grounds to believe the car and a passenger were the same as identified by the holdup victim. State v. Moody, 443 S.W.2d 802 (Mo.1969) was a stimulant drug case in which a search and seizure were made incident to a lawful Recognizing that '* * * The constitutiona......
  • State v. Achter, No. 9562
    • United States
    • Missouri Court of Appeals
    • July 22, 1974
    ...a traffic stop. 414 U.S. at 234, 94 S.Ct. at 476, 38 L.Ed.2d at 440, n. 5. This view was adopted by our Supreme Court in State v. Moody, 443 S.W.2d 802 (Mo.1969) but was limited to its facts in State v. Meeks, 467 S.W.2d 65 (Mo. banc 1971). Cf. State v. McCrary, 478 S.W.2d 349 (Mo.1972) (qu......
  • State v. Mease, No. 72846
    • United States
    • United States State Supreme Court of Missouri
    • November 24, 1992
    ...an arrest, even though the arrest is an objectively lawful arrest, State v. Blair, 691 S.W.2d 259 (Mo. banc 1985), and State v. Moody, 443 S.W.2d 802 (Mo.1969). These cases both involve traffic arrests, and it is questionable whether they apply to cases where the arrest was for some offense......
  • State v. Blair, No. 66352
    • United States
    • United States State Supreme Court of Missouri
    • May 29, 1985
    ...more, a search incident to the arrest. United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); State v. Moody, 443 S.W.2d 802 (Mo.1969). It is also true that a suspect in lawful custody is subject to fingerprinting as part of routine identification procedure. Smith v. ......
  • Request a trial to view additional results

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