Tag: seizure

A Step in the Right Direction: The District of Kansas says the Kansas Two-Step violates the 4th Amendment.

Jack Roberts, Staff Editor
The District of Kansas says the Kansas Two-Step violates motorists’ 4th Amendment rights.

“Speak Now or Forever Hold Your Peace”: Appellate Advocacy Basics in the World of Criminal Procedure

Defendant’s constitutional claims abandoned because he “failed to adequately brief” the issues.

Senate Bill No. 367 — Making it Easier to Return Seized Property

Author: Erin Levy, Staff Editor Senate Bill No. 367 amends K.S.A. § 22-2512 to clarify and codify best practices for disposition and destruction of property seized by law enforcement.  It adds to § 22-2512(a) the direction that “[i]f …

Police Officers Exceed Scope of Welfare Check

State v. Ellis, No. 120,046 (Kan. Ct. App. Nov. 15, 2019) Issue: Did a police officer exceed the scope of a permissible welfare check when he detained the person for whom the welfare check was called after he …

Evidence Found After Discovery of Outstanding Warrant During Welfare Stop is Inadmissible

State v. Manwarren, No. 119,520 (Kan. Ct. App. Apr. 12, 2019). Issue: Unconstitutionally-obtained evidence should be suppressed unless the connection between the evidence and the constitutional violation is too attenuated. Law enforcement officers encountered Richard Manwarren during a …

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?   …

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 …