Category: Kansas Criminal Procedure Survey

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?   …

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.

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 …

Simultaneous Consideration No Longer Required for Kansas Homicide Instructions

State v. Sims, No. 115,038 (Kan. Nov. 30, 2018) 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? Answer: No. Requiring …

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 …

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 …

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 …

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 …

Courts Don’t Have to Explain Denials of Downward Departures

State v. Powell, No. 115,457 (Kan. Aug. 24, 2018). Issue: Jessica’s law imposes specific sentences for sex crimes against minors. The court may lessen the sentence if it finds substantial and compelling reasons to do so. However, it cannot …

The Kansas Criminal Procedure Survey provides valuable insight into Kansas criminal procedure to Kansas practitioners. The University of Kansas Law Review publishes updates to the survey on the Kansas Criminal Procedure Blog, the online home for the survey. The Criminal Procedure Survey is a long-standing tradition of the KU School of Law and the Law Review.

We are proud to adapt the Criminal Procedure Survey into a new format that will provide timely updates to Kansas practitioners about new criminal law changes in Kansas and the 10th Circuit.