STATE v. JOHNSON

Nos. SC 91173, SC 91182, SC 91214, SC 91429.

354 S.W.3d 627 (2011)

STATE of Missouri, Respondent, v. Howard D. JOHNSON, Appellant. State of Missouri, Appellant, v. Andrea M. Hicks, Respondent. State of Missouri, Appellant, v. Dustin Tom Kingsley, Respondent. State of Missouri, Appellant, v. Heather Sue Kingsley, Respondent.

Supreme Court of Missouri, En Banc.

December 6, 2011.


Attorney(s) appearing for the Case

Ellen H. Flottman and Alexa I. Pearson , Public Defender's Office, Columbia, for Howard D. Johnson, in No. SC91173.

Joshua N. Corman , Howell County Prosecutor's office, for State, in No. SC91182.

Terrence M. Messonier , Attorney General's Office, Jefferson City, for State, in Nos. SC91214 and SC91429.

Daniel N. McPherson , Attorney General's Office, Jefferson City, for State, in No. SC91173.

Matthew M. Ward , Public Defender's Office, Columbia, for Andrea M. Hicks, in No. SC91182.

Sarah Duncan , Johns, Mitchell & Duncan LLC, Clinton, for Dustin Tom Kingsley and Heather Sue Kingsley, in Nos. SC91214 and SC91429.


MARY R. RUSSELL, Judge.

Four appeals have been consolidated1 because each involves the issue of whether evidence obtained in a search of a motor vehicle incident to a traffic arrest is admissible. The defendants were secured at the time of search, and there was no reason to believe that evidence of the crime for which each defendant was arrested was in any of their vehicles. The searches were performed in compliance with binding appellate...

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