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KS: Defendant was talked to as a witness to accident, not a suspect, and officer concluded he was DUI

By John Wesley Hall, Jr.

Officers received a call about a car partially submerged in a creek and responded. When the officer arrived, he saw the vehicle in the water and another car parked near it. The officer engaged in chit-chat with the driver of the other car about what he knew about it, never considering him a suspect in anything, but it became apparent he was under the influence. Defendant was not detained until reasonable suspicion developed. State v. McGinnis, 2010 Kan. LEXIS 416 (June 4, 2010)*: Deputy Clark did not activate his vehicle emergency lights or sirens. Nor did he consider McGinnis a suspect. He got out to ask if McGinnis knew anything about the partially submerged vehicle. When walking by McGinnis' car, Clark saw through the window a 12-pack of Natural Light Beer on the front passenger seat...continue to full post

Full post as published by Fourth Amendment on June 08, 2010 (boomark / email).