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STATE v. TOOLEN

No. 71855.

945 S.W.2d 629 (1997)

STATE of Missouri, Plaintiff/Appellant, v. Quinn M. TOOLEN, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

May 20, 1997.

Attorney(s) appearing for the Case

Charles S. Birmingham, Union, for plaintiff/appellant.

Robert F. Garza, Union, for defendant/respondent.

CRANE, Presiding Judge.

The state appeals from an order of the Circuit Court of Franklin County suppressing evidence seized in a warrantless search of a canvas bag in the trunk of a car pursuant to § 547.200.1(2) RSMo 1994 and Rule 30.02. The state argues that because the unoccupied car was rented to a third party and because defendant said the bag was not his, defendant had no expectation of privacy in the car or...

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