{"id":3542,"date":"2012-08-25T12:43:55","date_gmt":"2009-11-17T06:33:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-17T06:33:16","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=3542","title":{"rendered":"KS: No bright line rule in whether a stop continues and becomes unreasonable"},"content":{"rendered":"<p>Eschewing bright line rules, Kansas weighs the factors of whether a stop is unreasonable.  Here, it was reasonable. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/CtApp\/2009\/20091113\/100178.pdf\">State v. Murphy<\/a>, 42 Kan. App. 2d 933, 219 P.3d 1223 (2009)*:<\/p>\n<blockquote><p>Weighing on the side of a voluntary encounter are the following factors: Maschmeier returned the defendant&#8217;s documents, told the defendant he was free to go, and physically disengaged the defendant; there was only one officer present; there was no display of a weapon or physical touching by the officer; and the encounter occurred in a public place.<\/p>\n<p>Weighing on the side of an illegal seizure are the following factors: Maschmeier did not ask the defendant permission to ask further questions before asking about the illegal contraband, and the officer&#8217;s emergency lights remained on throughout the encounter.<\/p>\n<p>The above factors supporting a voluntary encounter are strong enough to outweigh the factors supporting an illegal seizure. We affirm the district court&#8217;s denial of the defendant&#8217;s motion to suppress. <\/p><\/blockquote>\n<p>Defendant\u2019s presence in an area known for a significant number of robberies was not reasonable suspicion for his stop in the early morning hours when he was parked on a parking lot.  <a href=\"http:\/\/courts.arkansas.gov\/court_opinions\/coa\/2009b\/20091028\/ar09-222.pdf\">Cockrell v. State<\/a>, 2009 Ark. App. 700, 369 S.W.3d 19 (2009),* reversed 2010 Ark. 258, 2010 Ark. LEXIS 306 (2010).<\/p>\n<p>Defendant\u2019s traffic stop for not using his signal was proper. Butler v. State, 300 S.W.3d 474 (Tex. App.\u2014Texarkana  2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=3542\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3542","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3542","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3542"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3542\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3542"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3542"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}