State v. Robinson

534 S.W.3d 279
CourtMissouri Court of Appeals
DecidedMay 23, 2017
DocketWD 79853
StatusPublished
Cited by2 cases

This text of 534 S.W.3d 279 (State v. Robinson) 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. Robinson, 534 S.W.3d 279 (Mo. Ct. App. 2017).

Opinion

Lisa White Hardwick, Judge

The State of Missouri appeals the circuit court’s order granting Gregory Robinson’s motion to suppress evidence relating to charges of manufacturing drugs and maintaining a public nuisance. The State contends the court erred in finding that the good faith exception to the exclusionary rule should not be applied because the officer who prepared the warrant affidavit demonstrated systemic negligence in his careless preparation of warrant affidavits. For reasons explained herein, we affirm.

Factual and Procedural History 1

On August 1, 2013, a judge signed a warrant to search Robinson’s home at 518 Porter Street in Moberly. An affidavit, sworn to by Sergeant Mark Arnsperger2 of the Moberly Police Department, was [281]*281part of the warrant application dated July 31, 2013. The affidavit included a detailed description of. Robinson’s residence and stated, in pertinent part:

On July 27, 2013 I was contacted by a Reliable confidential source, who stated sales of illegal drugs, were occurring at 518 Porter St. The source had specific detailed information Gregory Robinson aka: Skud was still selling crack cocaine and is now doing it from his residence at 518 Porter St. The source said Robinson is no longer dealing crack cocaine from the “Sugar shack” on West End or the yellow house across the street from the “Sugar shack”. The yellow house the source referring to is, 1014 W End which was owned by Gregory Robinson, but now has been transferred to Greg Robinson Jr’s name.
On November 8, 2012 Det Tim Rowe served a narcotics search warrant at Gregory Robinson’s house at 1014 W End after receiving information Gregory Robinson and Donamitris Robinson were selling crack cocaine from the residence. Officers arrived at approximately 0630hrs that morning and found crack cocaine in the residence but Gregory Robinson was gone. Gregory Robinson was not located and was never questioned about this incident, and thus he was never Charged. Det Rowe said the house was clearly set up as a “drug house”. There was little furniture in the residence and there was large pit bull tied up out front.'
A check of Gregory Robinson criminal history shows in May 1999, Gregory Robinson pled guilty to 2 counts of Distribution of a Controlled Substance near a School and he received a 10 year sentence. Then in August 2007, Gregory Robinson pled guilty again to Distribution of a Controlled Substance, for a total of 3 counts and received a 15 year sentence.
I contacted.the Moberly Water Office and confirmed the water service at 518 Porter St. is in the name of Gregory Robinson.
I also noted prior to me getting this information, I would note while on routine patrol the last two months, the lack of activity at the 1014 W End and at the “Sugar Shack”. The “Sugar Shack” is a nick name for small garage located at 1015 W End PI and is currently owned by Greg Robinson Jr; the son of Gregory Robinson.
The “Sugar Shack” has a long history of place where people (mostly with criminal histories) would get together and gamble and also sell illegal drugs from the garage. In July 2006, Det David Johnson and I went to the “Sugar Shack” and served a search warrant and arrested Alex Cason and Richard Payne for Possession of Controlled Substance (Crack Cocaine) was found, along with illegal gambling machines. .
On July 30, 2013 Det Rowe observed a Red in Color Mercury. Mountaineer parked at 518 Porter Street. The Missouri License number was SD5B2U, which checks to Dorothy Seiler of 611 Cleveland. A check of Department records revealed, we received a call on June 24, 2013 from Dorothy Seiler and her boyfriend, Maurice Antonio Jackson. Jackson thought his vehicle might have been shot and he also mentioned he has problems with Princess Midgyett.
A check of Maurice Jackson’s criminal history revealed he has prior convictions for drug sales. September 2005, Jackson pled guilty to Felony Possession of Controlled Substance and received a 15 year sentence. In September 2006, Jackson pled guilty to Distribution of a Controlled Substance and received another 15 year sentence. In December 2008, [282]*282Jackson pled guilty to Distribution of a Controlled Substance and Distribution of a Controlled Substance near Government Housing. A check of Probation and Parole records shows Maurice Jackson is currently on Field Supervision by Officer Andrew Morris and is residing at 611 Cleveland, Moberly MO,
On July 30, 2013 I was contacted by Det David Johnson with the North Missouri Drug Task Force. Det Johnson stated lie had reliable confidential source that saw an “8 ball” of Crack Cocaine and large amount of cash at 518 Porter St. in the last 30 days.
As an experienced and trained investigator I have reason to believe, based upon my investigation the crimes(s) Distribution of a Controlled Substance, RSMo statutes ’ 195.211 and Possession of a Controlled Substance, RSMo statute 195.202 Maintaining a Public Nuisance RSMO 195.130 have been committed and that evidence of such criminal activity is Currently contained within the above-described property currently in the possession of Gregory Robinson Sr. In light of concerns described above, this Affiant requests permission to use whatever data analysis techniques appear necessary to locate and retrieve data that may be contained within cellular phones described herein, including password-defeating tool's and techniques.
Additionally, in Jight of concerns described, this Affiant requests permission to have any storage devices and/or computer-related evidence transported out-of-county as necessary in the process of conducting analysis oh said evidence, to involve the use of non-sworn personnel in activities related to the acquisition and analysis of said evidence, and to conduct analysis of said evidence beyond the deadline date for the filing of a return of any search warrant issued based upon this application.

The search of Robinson’s residence was executed on August 2, 2013, the day after, the warrant was filed. A “Return and Inventory” signed by Arnsperger stated that he found, inter alia, what was believed to be cocaine, crack cocaine, and more than $2000 in cash. The State subsequently charged Robinson, as a prior and persistent drug offender, with production of a controlled substance within 2000 feet of a school and maintaining or keeping a public nuisance.

Before trial, Robinson filed a motion to suppress all of the evidence seized from his house. In his motion, he alleged that the affidavit in support of the search warrant did not contain information corroborating the reliability of one of the informants and relied on stale information from the other informant. Robinson argued that, once the confidential- informants’ statements were removed from the determination, the remaining information in the affidavit failed to provide probable cause to issue the warrant. He further argued that the good faith exception to the exclusionary rule should not be applied given the obvious absénce of probable cause in the affidavit.

The motion to suppress was initially “submitted on application,” with the search warrant and application, which included Arnsperger’s affidavit, as. the only evidence the circuit court considered. The court granted the motion to suppress.

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

Related

State of Missouri v. Theresa O'Connor
Missouri Court of Appeals, 2023
State of Missouri v. Timothy R. Fernandez
Missouri Court of Appeals, 2023

Cite This Page — Counsel Stack

Bluebook (online)
534 S.W.3d 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-moctapp-2017.