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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ladeas v. Carter, 845 S.W.2d 45 (1992)

Citation
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Parent Document
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-12-15

Other Sections in This Document (82)

Full Text

611 chars
We consider those facts as the prosecuting party could have reasonably believed them to be under the circumstances. Mrs. Carter knew that plaintiff Ladeas claimed to have a lease and also to have a receipt for his deposit. She knew her manager had accepted rent from plaintiff Ladeas for the months of July, August and September. Mrs. Carter’s manager testified she told Mrs. Carter that she had seen the receipt for the deposit. These facts make a sub-missible case of a lack of probable cause. Under these circumstances, a “cautious” person would not have called the police and accused another of trespassing.