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· 3/2/1990

State v. Damm

Citations

  • 787 P.2d 1185
  • 246 Kan. 220
  • 1990 Kan. LEXIS 49

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • scope, duration of seizure must be strictly tied to and justified by circumstances that made its initiation proper
  • “Upon the hearing of a motion to suppress evidence, the State bears the burden of proving to the trial court the lawfulness of the search and seizure.”
  • improper to extend routine traffic stop to run warrant check on passengers absent reasonable suspicion that there were outstanding warrants on them
  • after citation written, driver could not be detained while records of passengers checked
  • Kansas Supreme Court holds that the police may not run a warrants check on a driver who was stopped for defective tail lights absent a reasonable suspicion that there were outstanding warrants for the driver
  • Kansas Supreme Court holds that the police may not run a warrants check on a driver who was stopped for defective tail lights absent a reasonable suspicion that there were outstanding warrants for the driver

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.