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· 10/15/1891

Evans v. Interstate Rapid Transit Railway Co.

Citations

  • 106 Mo. 594

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that cocaine found during the search incident to arrest should have been suppressed after the police seized the defendant without reasonable suspicion and he resisted arrest
  • noting that purpose of law that resisting even illegal arrest or detention constitutes crime is to foster effective administration of justice, discourage self-help and provide for safety of police officers
  • noting the importance we have placed upon whether the officer “used language indicating that compliance was not optional” in conducting a seizure analysis (quotation omitted)
  • “The purpose behind the law that resisting even an illegal arrest or detention constitutes a crime is to foster the effective administration of justice, to discourage self-help and to provide for the safety of police officers.”
  • “in order to protect important State constitutional rights, it is ‘logical and necessary’ to apply the exclusionary rule to situations where the initial seizure is unlawful and the defendant then violates [the law by resisting arrest]”
  • “The purpose of the exclusionary rule is . . . to deter police misconduct, to redress the injury to the privacy of the victim of the unlawful search or seizure and to safeguard compliance with State constitutional protections.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barclay, Black, Other

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.