Tag: consent
Posted on February 5, 2025
A Limitation on Lawrence: Why Lawful Consent is not a Legal Defense to Child Pornography Possession in Kansas
State v. Sanders, No. 126,406, 2025 WL 63422 (Kan. App. 2025). Author: Lucas Dorrell, Staff Editor Issue: Does K.S.A. § 21-5510(a)—which criminalizes the creation and possession of child pornography—unconstitutionally criminalize “private sexual conduct”[1] under the 14th Amendment Substantive Due Process Clause …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 …
Category: Investigation Tags: apparent, authority, bag, car, consent, container, fourth amendment, investigation, purse, search, seizure, stop, vehicle
