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STATE v. BOYKINS

No. ED 93476.

306 S.W.3d 626 (2010)

STATE of Missouri, Appellant, v. Timothy BOYKINS, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 8, 2010.

Application for Transfer Denied April 20, 2010.

Attorney(s) appearing for the Case

Christina M. Sondermann, St. Louis, MO, for Appellant.

N. Scott Rosenblum, Eric Selig, Erin R. Griebel, Clayton, MO, for Respondent.

ROY L. RICHTER, Judge.

The State of Missouri ("State") appeals from the trial court's order granting Timothy Boykins' ("Defendant") pre-trial motion to suppress evidence. We reverse and remand.

I. BACKGROUND

On June 2, 2008 shortly before midnight police observed Defendant standing in front of a vacant building with one hand placed under his shirt. The officers were in uniform, driving an SUV with lights on the top, and "Police" marked on the back...

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