State of Missouri v. Kenneth L. Wykert

Plattsburg, Missouri criminal defense lawyer represented Defendant charged with felony possession of drugs.



Kenneth Wykert ("Wykert") was charged with felony possession of a controlled substance, section 579.0151, and misdemeanor unlawful possession of drug paraphernalia, section 579.074. Following a bench trial, the Circuit Court of Clinton County ("trial court") found Wykert guilty on both counts and sentenced him as a persistent offender to ten years' imprisonment on the felony offense and to a fine on the misdemeanor offense. Prior to trial, Wykert filed a motion to suppress, and the parties stipulated it could be taken with the case and ruled on after the trial court heard the evidence at the bench trial. On appeal, Wykert argues: (1) the trial court erred in admitting at trial statements and evidence obtained during the pat-down of Wykert because Officer Ward ("Officer Ward") lacked consent or reasonable suspicion to pat-down Wykert; and (2) the trial court erred in admitting statements and evidence obtained following Wykert's interview with Officer Ward in his patrol car because Wykert was subjected to custodial interrogation without first being warned of his Miranda2 rights.

Finding no error, we affirm.