Missouri Court of Appeals, Western District / Jan 18, 2022
State of Missouri vs. Kenneth L. Wykert
Kenneth Wykert was convicted of felony possession of a controlled substance and misdemeanor unlawful possession of drug paraphernalia. On appeal, Wykert challenged the admission of evidence obtained from a pat-down, arguing lack of consent or reasonable suspicion, and statements made during a patrol car interview, claiming custodial interrogation without Miranda warnings. The appellate court affirmed the trial court's judgment, finding Wykert consented to the pat-down and was not in custody during the patrol car interview.