State of Missouri v. Israel Barrera

CourtMissouri Court of Appeals
DecidedMay 27, 2025
DocketWD87670
StatusPublished

This text of State of Missouri v. Israel Barrera (State of Missouri v. Israel Barrera) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Missouri v. Israel Barrera, (Mo. Ct. App. 2025).

Opinion

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, ) ) Appellant, ) ) WD87670 v. ) ) OPINION FILED: ) May 27, 2025 ISRAEL BARRERA, ) ) Respondent. )

Appeal from the Circuit Court of Cass County, Missouri The Honorable Stacey J. Lett, Judge

Before Division One: Karen King Mitchell, Presiding Judge, and Lisa White Hardwick and Mark D. Pfeiffer, Judges

The State of Missouri, in its criminal prosecutorial capacity, appeals the ruling of

the Circuit Court of Cass County, Missouri (“motion court”), which granted Mr. Israel

Barrera’s (“Barrera”) motion to suppress the test results of a urine sample seized and

tested pursuant to two separate warrants. We affirm.

Facts and Procedural History

On July 12, 2021, the Cass County Sheriff’s Office received a tip, which alleged

that Barrera had molested his fourteen-year-old stepdaughter (“Victim”). 1 Following the

1 Pursuant to the directive of section 509.520.1(4)-(5), (7) (Supp. IV 2024), we do not use the names of any victims, witnesses, or minors in this opinion, other than parties initial report, a medical examination at Children’s Mercy Hospital confirmed that Victim

had contracted trichomoniasis, a sexually transmitted disease (“STD”), and in a forensic

interview, Victim disclosed that Barrera had molested her several times over many years.

On September 1, 2021, Barrera was taken into the custody of the Sheriff and held

in the Cass County Jail. Later that same day, pursuant to a warrant, officers seized a

urine sample and buccal swab sample from him. However, the urine sample was found

to be improperly preserved and unusable for testing on September 13, 2021.

On September 14, 2021, two months after the report of sexual abuse to law

enforcement, Detective M.B. (“Detective”) applied for two separate warrants

simultaneously.

For the first warrant, Detective requested to seize a “[u]rine sample from Israel

Barrera.” Detective included the following sworn statement to support his basis for

probable cause:

Affiant and Applicant being duly sworn deposes and states that he [is] a graduate of the Central Missouri State University with a Bachelor of Science degree in Criminal Justice Administration, Graduate of MO Sheriff’s Association Law Enforcement Academy with over 15 years’ experience and training in criminal investigations has probable cause to believe that the above listed property to be searched for and seized . . . based upon the following facts, to-wit:

On July 12, 2021, it was reported to the Cass County Sheriff’s Office, a fourteen year old girl, [Victim] had been sexually molested by her step father, Mr. Israel Barrera. An examination by Children’s Mercy Hospital determined [Victim] had contracted a sexually transmitted disease Trichomonas [sic]. [Victim] denied having any consensual partners to the medical staff conducting the examination.

to the underlying litigation. All other statutory references are to THE REVISED STATUTES OF MISSOURI (2016), as supplemented through November 27, 2024, unless otherwise indicated. 2 For the second warrant, Detective submitted the following request:

I, [Detective] . . . make[ ] this Affidavit and Application in support of the issurance of a Search Warrant, to search the following described person, place, or thing:

A urine sample recovered on September 14, 2021, from the body of Israel (NMI) Barrera . . . .

[A]nd to there search for . . . the following property or things:

Complete testing and analysis . . . of the urine sample for sexually transmitted diseases, specifically Trichonomas [sic]. All results from said testing and analysis.

To support the second warrant application, Detective submitted the following affidavit:

Affiant . . . states that he has Probable Cause . . . based upon the following facts, to wit:

On July 12, 2021, it was reported to the Cass County Sheriff’s Office, a fourteen year old girl, [Victim] had been sexually molested by her step father, Mr. Israel Barrera. An examination by Children’s Mercy Hospital determined [Victim] had contracted a sexually transmitted disease Trichonomas [sic]. [Victim] denied having any consensual partners to the medical staff conducting the examination.

A search warrant was obtained and a urine sample was obtained from Mr. Israel Barrera on September 14, 2021.

(Emphasis added.) At the time Detective submitted the two affidavits, no urine sample

had been obtained on September 14, 2021. Both warrants were issued by the same

issuing judge, and a urine sample was seized and tested the same day.

During the subsequent criminal prosecution, Barrera filed a motion to suppress the

urine test results. At a hearing on the motion, Detective acknowledged that his statement,

“[a] search warrant was obtained and a urine sample was obtained from Mr. Israel

3 Barrera on September 14, 2021,” was not true at the time of his request and that he was

aware it was not true.

Reviewing the affidavits, the motion court found that the affidavits failed to

establish probable cause to justify seizing and testing the urine sample. The motion court

then considered the State’s argument that the test results should not be suppressed even if

the affidavits were insufficient because Detective obtained and had the urine sample

tested in good-faith reliance on the judicially issued warrants. The motion court

concluded that Detective’s reliance was not in good faith because the affidavits were so

lacking in indicia of probable cause that a well-trained officer would not reasonably rely

on warrants issued based on the warrant-application affidavits and made particular note

of the fact that Detective had provided false information to the issuing judge in his

warrant-application affidavits.

Thus, the motion court granted the motion to suppress. The State timely filed an

interlocutory appeal pursuant to section 547.200.1, raising two points on appeal,

challenging the motion court’s findings relating to (1) probable cause and (2) the good-

faith exception.

Point I

The standard of review for an interlocutory appeal of a motion to suppress

depends on whether the challenged search or seizure was preceded by a warrant. State v.

Brown, 382 S.W.3d 147, 156 (Mo. App. W.D. 2012) (“Here, there were seizures

conducted without a warrant as well as some pursuant to warrants. . . . [T]hese two

scenarios involve two different standards of review . . . .”) (emphasis omitted)). If no

4 preceding warrant issued, we review the motion court’s decision for clear error and defer

to its findings of fact. Id. (citing State v. Mosby, 94 S.W.3d 410, 414-15 (Mo. App. W.D.

2003)). Otherwise, we review the decision of the issuing judge—not the motion court—

for clear error based on the four corners of the warrant application and supporting

affidavits. Id. (citing State v. Neher, 213 S.W.3d 44, 49 (Mo. banc 2007)).

Because the challenged seizure and search of Barrera’s urine sample was preceded

by a warrant in this case, we review the issuing judge’s determination of probable cause

in the deferential manner outlined in Neher:

[I]n reviewing a trial court’s ruling on a motion to suppress evidence seized pursuant to a search warrant, the court gives great deference to the initial judicial determination of probable cause that was made at the time the warrant issued. [State v. Berry,

Related

Aguilar v. Texas
378 U.S. 108 (Supreme Court, 1964)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
United States v. Jacobsen
466 U.S. 109 (Supreme Court, 1984)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
Alabama v. White
496 U.S. 325 (Supreme Court, 1990)
Arizona v. Evans
514 U.S. 1 (Supreme Court, 1995)
Florida v. JL
529 U.S. 266 (Supreme Court, 2000)
Herring v. United States
555 U.S. 135 (Supreme Court, 2009)
State v. Baker
103 S.W.3d 711 (Supreme Court of Missouri, 2003)
State v. Laws
801 S.W.2d 68 (Supreme Court of Missouri, 1990)
State v. Berry
801 S.W.2d 64 (Supreme Court of Missouri, 1990)
State v. Berry
54 S.W.3d 668 (Missouri Court of Appeals, 2001)
State v. Mosby
94 S.W.3d 410 (Missouri Court of Appeals, 2003)
State v. Dowell
25 S.W.3d 594 (Missouri Court of Appeals, 2000)
State v. Henry
292 S.W.3d 358 (Missouri Court of Appeals, 2009)
State v. Neher
213 S.W.3d 44 (Supreme Court of Missouri, 2007)
State v. Dawson
985 S.W.2d 941 (Missouri Court of Appeals, 1999)
State v. WILBERS
347 S.W.3d 552 (Missouri Court of Appeals, 2011)
State of Missouri v. Gregory Robinson, Sr.
454 S.W.3d 428 (Missouri Court of Appeals, 2015)
State v. Cornelius
1 S.W.3d 603 (Missouri Court of Appeals, 1999)

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State of Missouri v. Israel Barrera, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-missouri-v-israel-barrera-moctapp-2025.