Category: Investigation

Timing is Everything: When is it Proper to Invoke the Right to Post-Evidentiary Breath Test Counsel?

State v. Kerrigan, No. 123,862 WL 7931255 (Kan. Nov. 17, 2023). Claire Burns, Staff Editor Issue: Can a person properly invoke the statutory right to post-evidentiary breath-test counsel before the administration of the test under Kan. Stat. Ann. …

I take back what I said: Kansas Court of Appeals says recanted testimony constitutes excusable neglect to withdraw plea

Gabby Phillips, Staff Editor
The Kansas Court of Appeals says recanted testimony constitutes excusable neglect to withdraw plea.

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.

Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence

Lexi Christopher, Staff Editor State v. Corby, No. 122,584 (Kan. Jan. 21, 2022) Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568.  However, the PSI did not specify under which subsection the violations …

Consent to Search Can be Given by Gestures, Kansas Supreme Court Clarifies

Author: Andrew Tague, Staff Editor State v. Daino, No. 120,824, (Kan. Nov. 13, 2020) Issue: The Fourth Amendment of the U.S. Constitution and section 15 of the Kansas Constitution Bill of Rights permit warrantless searches of an individual’s …

A Welfare Check Gone Arrest: Attenuation Doctrine and the Fourth Amendment

Author: Dahnika Short, Staff Editor State v. Ellis, No. 120,046 (Kan. August 8, 2020) Issue: The attenuation doctrine renders illegally obtained evidence admissible when the connection between the evidence and the unconstitutional police conduct is sufficiently remote or …

Kansas v. Glover: U.S. Supreme Court Decides Kansas Case About Traffic Stops

Kansas v. Glover, 140 S.Ct. 1183 (2020). Issue:  When an officer learns the registered owner of a vehicle has a revoked driver’s license and initiates a traffic stop, is the inference that the registered owner is also the …

Checking Warrants are within the Scope of Public Safety Stops

State v. McKenna, No. 119,431 (Kan. Ct. App. Jan. 31, 2020). Issue: Is an officer asking for a person’s name and subsequently checking that name for local warrants within the scope of a public safety stop? Answer: Yes, …

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 …