A police officer searched a suspect simply because this person adjusted his pants in a manner that appeared to be concealing a weapon. The police officer found a weapon and drugs. The defendant was convicted and appealed. The appeals Court ruled that the evidence should have been suppressed and inadmissible at trial because 1) concealed weapons can be lawfully carried with a permit and 2) the officer did not have the experience to justify concluding the defendant looked like he had a gun. Nevertheless the conviction was affirmed because the police officer’s error was found to be “harmless” since the defendant previously admitted to said possession.
Conclusion: it is hard to win at trial on legal technicalities, and even if you “win” an appeal on said technicality, when you are actually guilty the Court will use this “harmless error” rule to keep you in jail.
State v. Norfolk, No. 95468 (Mo. App. E.D., November 15, 2011).