Tag: Consent to search; non-verbal or implied consent; Fourth Amendment; Section 15 of the Kansas Constitution Bill of Rights; mere acquiescence

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Updated on June 2, 2020

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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