· 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 CourtListenerSourced 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.