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Officers Cannot Search Containers of Already-Identified Drivers Involved in Accident Without a Warrant
State v. Evans, No. 119,458 (Kan. Nov. 21, 2018)Issue: The “community caretaking” exception to the warrant requirement allows officers to conduct limited warrantless searches. Evans, who had already identified herself to officers, was taken from the scene of a car accident by…
Simultaneous Consideration No Longer Required for Kansas Homicide Instructions
State Sims, No. 115,038 (Kan. Nov. 30, 2018) [pdf]Issue: The Kansas Supreme Court has previously held that courts must instruct juries to consider both greater and lesser offenses simultaneously in homicide cases. After years of criticism, should courts still require simultaneous instructions?…
Marijuana Odor Can Justify Probable Cause
State v. Hubbard, No. 113,888 (Kan. Dec. 7, 2018)Issue: Can marijuana odor supply probable cause?Answer: Yes, based on the totality of the circumstances including: proximity, strength of odor, the investigating officer’s experience, etc.Facts: An officer approached someone she believed to be…
Publicly-Parked Car Not Seized After Arrest
State v. Parker, No. 112,959 (Kan. Dec. 7, 2018)Issue: Parker was arrested outside his locked car. His car sat in a public parking lot until a drug dog arrived to sniff the vehicle. Was his car unlawfully “seized” by the officers during this time? …
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018)Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right?Answer: Yes, prosecutorial…
Arrests on Outstanding Warrants Don't Justify Searches of Bags Outside the Owner's Control
State v. Ritchey, No. 118,905, (Kan. Ct. App. Nov. 2, 2018) Issue: Law enforcement may conduct a warrantless, though limited, “search incident to arrest” under the Fourth Amendment. Officers arrested Ritchey pursuant to an outstanding warrant. Could they search a purse in the Ritchey’s car—…
A Message from the Editor in Chief
The University of Kansas Law Review is pleased to announce the launch of its all-new Kansas Criminal Procedure Blog, the new home for the Kansas Criminal Procedure Survey. The Criminal Procedure Survey is a long-standing tradition of the KU School of Law and the Law Review. Beginning…
Drivers May Have Apparent Authority to Consent to Search of Passenger's Bag
State v. Bogges, No. 111,361 (Kan. Aug. 24, 2018) Issue: If a driver gives permission to search his car, a law enforcement officer can search bags in the car so long as it's reasonable to believe the driver had authority to consent to the bag's search. Bogges, a passenger, had a…
Violations of Broader Municipal DUI Ordinances Don't Count Under § 8-1567(i)
State v. Gensler, No. 112,523 (Kan. Aug. 10, 2018). 423 P.3d 488 Issue: K.S.A. § 8-1567(i) provides harsher penalties for people with multiple DUI convictions. However, municipal DUI convictions do not count towards the harsher penalties if the municipal ordinance is broader than the…
Marital Discord Isn't Always a § 60-455 "Crime or Civil Wrong"
State v. Campbell, No. 116,430 (Kan. Aug. 17, 2018). Issue: The Kansas Rules of Evidence prohibit using evidence of past "crimes or civil wrongs" as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past "crime or civil wrong"? Answer…