{"id":13010,"date":"2014-08-22T08:12:49","date_gmt":"2014-08-22T13:12:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13010"},"modified":"2014-08-22T08:12:49","modified_gmt":"2014-08-22T13:12:49","slug":"ks-puppy-dog-look-isnt-enough-for-a-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13010","title":{"rendered":"KS: \u201cpuppy dog look\u201d isn\u2019t enough for a stop"},"content":{"rendered":"<p>Defendant\u2019s \u201cpuppy dog look\u201d isn\u2019t enough for a stop. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/CtApp\/2014\/20140815\/110250.pdf\">State v. Wilburn<\/a>,  2014 Kan. App. LEXIS 56 (August 15, 2014):<\/p>\n<blockquote><p>At the time of the stop, the officers had no reasonable and articulable suspicion that Wilburn or Curtis had committed any crime. Pierce testified that the sole basis for the stop was the puppy dog &#8220;look.&#8221; We have no trouble concluding that a puppy dog look is insufficient to establish a reasonable and articulable suspicion of criminal activity. This was nothing more than a hunch. &#8220;[A] hunch has never been the benchmark of a proper police seizure.&#8221; Martinez, 296 Kan. at 488. The hunch resulted in Wilburn&#8217;s arrest and subsequently in Pierce answering Wilburn&#8217;s phone, which he had seized. Still based upon his hunch, Pierce proceeded to the Chick-fil-A where the whole case started to come together. Therefore, even if Judge Bennett&#8217;s ruling on the legality of the stop and the resulting suppression of the evidence obtained had been properly appealed, we find it was supported by substantial evidence and we reached the same legal conclusion.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s \u201cpuppy dog look\u201d isn\u2019t enough for a stop. State v. Wilburn, 2014 Kan. App. LEXIS 56 (August 15, 2014): At the time of the stop, the officers had no reasonable and articulable suspicion that Wilburn or Curtis had committed &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13010\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-13010","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13010","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13010"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13010\/revisions"}],"predecessor-version":[{"id":13011,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13010\/revisions\/13011"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13010"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13010"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13010"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}