Tag: Motion to Suppress

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Updated on November 27, 2022

Every Breath(alyzer) You Take…Ask for an Attorney

Drew Elizabeth Davis, Staff Editor

Kansas Court of Appeals holds and officer must honor an individual’s request for counsel before the breathalyzer test is administered. If the officer disregards the request, the breathalyzer results must be suppressed at trial.

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

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Posted on October 24, 2022

Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?

Hayley Koontz, Staff Editor

The Kansas Court of Appeals affirms updated regulations do not require the breath test operator to check a the subjects mouth for the breath test to be admissible as evidence.

Category: Kansas Criminal Procedure Survey 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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