Category: Investigation

“Speak Now or Forever Hold Your Peace”: Appellate Advocacy Basics in the World of Criminal Procedure

Defendant’s constitutional claims abandoned because he “failed to adequately brief” the issues.

Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence

Lexi Christopher, Staff Editor State v. Corby, No. 122,584 (Kan. Jan. 21, 2022) Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568.  However, the PSI did not specify under which subsection the violations …

Consent to Search Can be Given by Gestures, Kansas Supreme Court Clarifies

Author: Andrew Tague, Staff Editor State v. Daino, No. 120,824, (Kan. Nov. 13, 2020) Issue: The Fourth Amendment of the U.S. Constitution and section 15 of the Kansas Constitution Bill of Rights permit warrantless searches of an individual’s …

A Welfare Check Gone Arrest: Attenuation Doctrine and the Fourth Amendment

Author: Dahnika Short, Staff Editor State v. Ellis, No. 120,046 (Kan. August 8, 2020) Issue: The attenuation doctrine renders illegally obtained evidence admissible when the connection between the evidence and the unconstitutional police conduct is sufficiently remote or …

Kansas v. Glover: U.S. Supreme Court Decides Kansas Case About Traffic Stops

Kansas v. Glover, 140 S.Ct. 1183 (2020). Issue:  When an officer learns the registered owner of a vehicle has a revoked driver’s license and initiates a traffic stop, is the inference that the registered owner is also the …

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, …

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 …

Warrantless Blood Test Requires a Remand

State v. Chavez-Majors, No. 115,286 (Kan. Dec. 20, 2019). Issue: Was there probable cause to administer a warrantless blood test on an unconscious driver suspect of a drunk-driving offense? Answer:  Yes, there was probable cause to administer a warrantless blood test …

Police Officers Exceed Scope of Welfare Check

State v. Ellis, No. 120,046 (Kan. Ct. App. Nov. 15, 2019) Issue: Did a police officer exceed the scope of a permissible welfare check when he detained the person for whom the welfare check was called after he …

Searching for the Seriously Injured

Kansas v. Fisher, No. 120,031 (Kan. Ct. App. Nov. 8, 2019) Issue: The emergency aid exception to the Fourth Amendment’s bar on warrantless searches requires an objectively reasonable belief that someone injured is inside. Can officers comply with …