Tag: vehicle

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Updated on January 8, 2025

Two-For-One: Kansas Supreme Court Rules That Carjacker Can be Convicted of Aggravated Robbery of Car’s Passenger, Premeditation Can be Formed in Five Seconds 

State v. Mendez, 559 P.3d 792 (Kan. 2024). Author: Thea Hack, Staff Editor Issues: (1) In the context of a carjacking, can aggravated robbery of a vehicle be committed against a non-owner passenger of the vehicle?  (2) Can premeditation be formed in five …

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Category: Kansas Criminal Procedure Survey Tags: , ,

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Updated on September 10, 2024

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?   …

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Category: Investigation Tags: , , , , , , , ,

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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 …

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Updated on September 10, 2024

Violations of Broader Municipal DUI Ordinances Don’t Count Under § 8-1567(i)

State v. Gensler, No. 112,523 (Kan. Aug. 10, 2018). 423 P.3d 488 Issue: K.S.A. § 8-1567(i) provides harsher penalties for people with multiple DUI convictions. However, municipal DUI convictions do not count towards the harsher penalties if the municipal …

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Category: Statutory Interpretation Tags: , , , , , , , , , , , , , ,

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