State v. Willis

Supreme Court of Missouri

Decided June 30, 1983

Supreme Court of Missouri · decided 1983-06-30

Relies on Burdeau v. McDowell · City of Advance v. Maryland Casualty Company · State v. Brasel

Good law ✅— No negative treatment on recordhow we know

Decided 1983-06-30

How this case has been cited

Cited by 3 later decisions — most recently November 2011

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DONNELLY, Judge,

¶1concurring in result.

¶2Officer Wanner pursued defendant because of an observed speeding violation in Mexico. Therefore, after he drove beyond the Mexico city limits, his authority to arrest, search and seize did not exceed that given a private citizen in similar circumstances. City of Advance v. Maryland Casualty Company, 302 S.W.2d 28 (Mo.1957). And, in such circumstances, the protection of the Fourth Amendment against unreasonable search and seizure does not apply. See Burdeau v. McDowell, 256 U.S. 465, 475, 41 S.Ct. 574, 576, 65 L.Ed. 1048 (1921); State v. Brasel, 538 S.W.2d 325, 330 (Mo. banc 1976); Annot., 36 A.L.R.3d 553 (1971).

¶3I concur in result only.