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STATE v. BATES

No. SD 30701.

344 S.W.3d 783 (2011)

STATE of Missouri, Plaintiff-Appellant, v. Marty Joe BATES, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied June 7, 2011.

Application for Transfer Denied August 30, 2011.

Attorney(s) appearing for the Case

Chris Koster , Attorney General, Karen L. Kramer , Assistant Attorney General, Jefferson City, MO, for Appellant.

Margaret M. Johnston , Columbia, MO, for Respondent.

NANCY STEFFEN RAHMEYER, Presiding Judge.

Marty Joe Bates ("Defendant") was charged with trafficking drugs in the second degree, a violation of section 195.223.9.1 Defendant moved to suppress physical evidence found during the search of a shed located on his property behind his trailer home. After a hearing, the motion to suppress was granted. The State appeals, arguing the Fourth Amendment was not violated or, in the alternative, suppression...

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