Month: February 2020

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Updated on September 10, 2024

Checking Warrants are within the Scope of Public Safety Stops

State v. McKenna, No. 119,431 (Kan. Ct. App. Jan. 31, 2020). Issue: Is an officer asking for a person’s name and subsequently checking that name for local warrants within the scope of a public safety stop? Answer: Yes, …

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Category: Investigation, Kansas Criminal Procedure Survey Tags:

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Updated on September 10, 2024

Sweeping Hand Gesture Counts as Consent to Search

State v. Daino, No. 120,824, (Kan. Ct. App. Jan. 10, 2020). Issue: Does opening a door to a residence and simultaneously making a non-verbal sweeping gesture in response after an officer’s request to enter count as consenting to …

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Category: Investigation, Kansas Criminal Procedure Survey, Statutory Interpretation Tags:

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Updated on September 10, 2024

Is Anyone Home? Dwelling Definition Reverses Burglary Conviction

State v. Downing, No. 116,629 (Kan. Jan. 24, 2020). Issue: Does a house meet the definition of “dwelling” for the purposes of Kan. Stat. Ann. § 21-5807(a)(1) if the house is uninhabited at the time of a burglary …

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Category: Kansas Criminal Procedure Survey, Statutory Interpretation Tags: , , , ,

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Updated on September 10, 2024

Got (Raw) Milk? You Can Now, Thanks to the First Amendment

Despite the variety of milks available to us at the grocery store, you probably did not know you could buy raw milk in the state of Kansas—and for good reason.  Under an obscure 1967 law, Kansas dairies were …

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