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MO: Denial of motion to return property not an appealable order

By John Wesley Hall, Jr.

An order denying return of seized property is not an appealable order. There was still a pending criminal case still subject to a motion to suppress. In re Search Warrant for 415 Locust Street, Chillicothe, Missouri, 2008 Mo. App. LEXIS 1473 (November 12, 2008). Defendant was arrested for no DL while his car was parked at gas pumps. The car could be searched under search incident. State v. Young, 2008 La. App. LEXIS 1471 (4th Cir. October 29, 2008).* Defendant's patdown went into his unzipped sweatshirt, and baggies of drugs were subject to plain feel. State v. Brandon, 2008 Ohio 5821, 2008 Ohio App. LEXIS 4896 (3d Dist. November 10, 2008).* Cocaine bought from defendant's premises in the last 72 days established nexus. State v. King, 2008 Ohio 5840, 2008 Ohio App...continue to full post

Full post as published by Fourth Amendment on November 14, 2008 (boomark / email).