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Scope limited during investigatory detention

Larry Schwartz won in State v. Lacey Smith, No. 96,189 (Kan. May 30, 2008), upholding Judge St. Peter's suppression order in a Cowley County drug prosecution. The KSC succinctly summarized its opinion in its opening paragraphs:

In Muehler v. Mena, 544 U.S. 93, (2005), the United States Supreme Court held that law enforcement officers could ask questions unrelated to the purpose of a search when executing a warrant authorizing the search of a residence. This case raises the question of whether that decision alters our longstanding rule that a law enforcement officer violates the Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights by asking a passenger in a vehicle stopped for a traffic violation to consent to a search that is unrelated to the purpose of the stop.

We conclude it does not. Mena does not overrule longstanding precedent limiting the scope of an investigatory detention [and] does not address the question of the scope of an investigatory detention.

We've seen some COA cases sort of questioning whether the scope limitation survived Mena, so it is good to see a definitive answer on that question. Here is coverage on FourthAmendment.com.

Full post as published by Kansas Defenders on June 02, 2008 (boomark / email).