Evidence thrown out then allowed in MU attempted rape case

Related Story

COLUMBIA - A saliva sample that was going to be used as evidence in a trial for a suspected rape and robbery on MU’s campus was revoked for violation of the 4th Amendment, then later granted.

Circuit Court Judge Kevin Crane granted Boone County Public Defender Jeremy Pilkington’s motion to exclude Mohamed Mostafa’s saliva sample from the evidence for his upcoming trial, but a recent hearing was held to show the prosecution had good reason to obtain a saliva sample. 

Pilkington said the state had obtained a saliva sample on July 15 without warrants from a judge, which violated the 4th Amendment meant to protect defendants from unreasonable searches and seizures. Circuit Court Judge Kevin Crane granted the defenses request and threw out the sample as evidence, but later gave the prosecution permission for a different saliva sample during a different hearing.

"The 4th Amendment is to protect us from unreasonable searches and seizures by authorities. The established principles are that the authorities need to get a search warrant, need to ask a judge to sign off, and a search warrant is going to be very specific," Sandy Davidson professor at MU said. 

Mohamed Mostafa was arrested in August on charges of first-degree rape and second-degree robbery for an incident that occurred in late-May of 2015. According to a press release by the MUPD, the incident occurred near University Hall dormitory located near Stadium Boulevard and Providence Road. The victim claimed to struggle with the suspect before he ran from the scene.

A jury trial is set for Wednesday October 5th at Boone County Courthouse in Columbia.