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Updated on March 28, 2024

(Unallocated) Space, the Final Frontier: New Interpretations of What Constitutes Possession of Child Pornography

State v. Ballantyne, No. 125,064, 2024 WL 388161 (Kan. Ct. App. Feb. 2, 2024). Author: Jay Shank, Staff Editor Issue: Does child pornography stored within a computer’s unallocated space constitute possession of child pornography? Answer: No. Because computers …

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Category: Investigation, Kansas Criminal Procedure Survey, Statutory Interpretation, Trials Tags: , , , ,

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Updated on December 21, 2019

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 …

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Category: Investigation, Kansas Criminal Procedure Survey Tags: , , , , , , , , , , ,

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Updated on January 8, 2019

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 …

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