State v. Norfolk

966 S.W.2d 364, 1998 Mo. App. LEXIS 664, 1998 WL 155724
CourtMissouri Court of Appeals
DecidedApril 7, 1998
DocketNo. 71264
StatusPublished
Cited by3 cases

This text of 966 S.W.2d 364 (State v. Norfolk) 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 v. Norfolk, 966 S.W.2d 364, 1998 Mo. App. LEXIS 664, 1998 WL 155724 (Mo. Ct. App. 1998).

Opinion

GARY M. GAERTNER, Judge.

Appellant, Carvel Norfolk (“defendant”), appeals the judgment of conviction entered by the Circuit Court of the City of St. Louis after he was found guilty of one count of possession of a controlled substance, RSMo section 195.202 (1994).1 We reverse and remand.

[365]*365On October 19,1995, at approximately 9:00 a.m., Officers Joseph Goforth and James Patterson were patrolling the area of 1800 Grand Avenue. The officers noticed a vehicle whose license plate was listed on the police department’s “hot sheet.”2 The car’s physical description also matched the description of the car which was reported stolen. The officers began following the car and radioed to the dispatcher to confirm the car was still listed as stolen. When the dispatcher responded affirmatively, the officers activated their emergency lights and stopped the car.

A woman, who was in fact the owner, was operating the vehicle, and defendant was sitting in the front passenger seat. Officer Goforth approached the occupants on the car’s passenger side. As he approached, he saw defendant act as though he were hiding something. Goforth ordered defendant out of the car. When defendant did not comply with this first request, Goforth again commanded defendant exit the vehicle. As defendant did so, his wallet fell to the floorboard.

Goforth handcuffed defendant, placing him under arrest for riding in a stolen vehicle. During the subsequent pat down search, Go-forth felt a long, hard, cylindrical object in defendant’s pants pocket, which he thought might be a pocket knife. The object was a crack pipe. Defendant was then placed under arrest for possession of drag paraphernalia and read his Miranda rights. A search of defendant’s jacket revealed another crack pipe, and five chunks of crack cocaine were found in defendant’s wallet.

The state charged defendant with possession of a controlled substance and possession of drag paraphernalia. Defendant filed a motion to suppress the evidence on the grounds the search violated the Fourth Amendment. At trial, Officer Goforth described events leading up to the arrest as set forth above. He identified the rocks of crack cocaine and the crack pipes taken from defendant that morning. Defendant objected to the admission of the drags and drag paraphernalia.

On cross-examination, Officer Goforth testified,

[A h]ot sheet is a piece of paper with a list of stolen vehicles that we have in our computer. It’s ran off maybe three or four times a day. People report their vehicles stolen, it goes into our computer, and then you can put a certain command in and it’ll print just those license plates and descriptions out on piece of paper.

A hot sheet can have “anywhere from [twenty] to [sixty] different vehicles listed” on it. Officer Goforth stated he picked one up at the beginning of the day and kept it with him while on patrol. He would look at whatever car would be passing by and check its license plate and description against the hot sheet.

Officer Goforth stated he noticed “[j]ust the license plate” on the car in which defendant was a passenger, and then observed the vehicle matched the description listed as well. He and his partner began following the vehicle and radioed the dispatcher to confirm the car was still reported as stolen. He explained,

Well, occasionally people will recover their own vehicles and it will be canceled in the computer, but we have no way of knowing that unless, you know, we go to the computer every five minutes and print a new hot sheet. So we notify the dispatcher, she’ll ran it in her computer and tell us that it’s still active.

Officer Goforth testified the owner of the stolen vehicle is not listed on the hot sheet, nor did the officers learn the owner’s identity from the dispatcher. He relied on the information on the hot sheet and from the dispatcher in making the stop and subsequent arrest.

The following exchange then took place:

Q. Now is there any reason you had to believe that this hot sheet was reliable? In other words, the information, you don’t know how it got on here; is that correct?
[PROSECUTOR]: Your Honor, I’m going to object as to this line of questioning.
[366]*366THE COURT: Overruled. You can answer that, Officer.
A. The only way that I know that that information gets on that is when the owners notify the police department that their vehicle has been stolen. And they are instructed that once it is recovered whether by them or by us it should be canceled.

Officer Goforth conceded sometimes vehicles are reported stolen when in fact the cars were borrowed or towed.

On redirect, the state did not elicit any further information about the hot sheet or how cars listed on it are reported stolen. Defendant renewed his motion to suppress, and it was argued before the court. The trial court then overruled the motion. After taking the ease under submission, the court found defendant guilty of one count of possession of a controlled substance.

Defendant filed this appeal, asserting the trial court erred in overruling his motion to suppress the evidence seized as it was the fruit of an illegal investigatory stop, thus a violation of the Fourth Amendment. Specifically, defendant argues the police officers lacked reasonable suspicion to make an investigatory stop because there was insufficient evidence about the source of the information found on the hot sheet. We will affirm the judgment of the trial court so long as the evidence is sufficient to sustain its decision. State v. Franklin, 841 S.W.2d 639, 641 (Mo.banc 1992).

The Fourth Amendment of the United States Constitution guarantees the right of the people to be free from unreasonable searches and seizures. However, “[t]he Fourth Amendment is not offended when a law enforcement officer briefly stops a person if the officer has a reasonable suspicion, based upon specific and articulable facts, that the person was or is involved in criminal activity.” Id.; citing Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Likewise, an officer may briefly stop a moving vehicle in order to investigate when the officer has a reasonable suspicion, based on specific and articulable facts, the occupants are engaged in criminal activity. Franklin, 841 S.W.2d at 641; citing United States v. Brignoni-Ponce, 422 U.S. 873, 96 S.Ct. 2574, 45 L.Ed.2d 607 (1975).

While a stop must be based on a reasonable suspicion, the detaining officer need not always personally observe the facts giving rise to the reasonable suspicion. Franklin, 841 S.W.2d at 641. Rather, an officer may receive and rely on information from another officer in making a stop so long as it is shown the officer who disseminated the information had a reasonable suspicion which would allow him to have made the stop himself. United States v. Hensley, 469 U.S. 221, 231, 105 S.Ct. 675, 681-82, 83 L.Ed.2d 604 (1985); State v. Miller,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of M.A.S.
Missouri Court of Appeals, 2024
State of Missouri v. Joseph Fountain Perry
Missouri Court of Appeals, 2016
State v. Kinkead
983 S.W.2d 518 (Supreme Court of Missouri, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
966 S.W.2d 364, 1998 Mo. App. LEXIS 664, 1998 WL 155724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-norfolk-moctapp-1998.