ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Public Defense Blogs -> Kansas Defenders

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Public Defense

: Kansas Defenders

Marx strikes again

ADVERTISEMENTS
Michael C. Hayes won in State v. Jimeson, No. 102,158 (Kan. Ct. App. Nov. 13, 2009) (unpublished), affirming the district court's suppression of evidence from an illegal traffic stop. The officer in the case initiated a traffic stop after he observed Jimeson's motorcycle momentarily drift onto the shoulder of the road. The district court rejected the officer's claim that the stop was based on public safety and found that the officer did not have reasonable suspicion of a traffic violation.

The COA held that substantial competent evidence supported the district court's conclusion that the "public safety stop" was a pretext for an investigatory detention:

Our review of the record impels us to agree with the trial court. We too are not convinced the officer made a public safety stop in a case where the first words from the police officer were "Are you drunk?

The COA also relied on State v. Marx (blogged about here) to conclude that, "even if [the officer] had a suspicion of a K.S.A. 8-1522(a) violation, Jimeson's brief lane breach would not have been enough to validate a traffic stop."

Full post as published by Kansas Defenders on November 14, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0028 secs (from cache 11/03/26 06:27:20)