Blog Posts in August, 2012

  • 31-Aug-2012

    Phone Tips Can Lead to Valid Stops

    Phone Tips Can Lead to Valid Stops As a Kansas criminal defense lawyer, I am often asked when a police officer can legally stop a car. Generally, a stop requires an officer to have reasonable suspicion. There are of course exceptions, such as a stop ...
  • 27-Aug-2012

    No Probable Cause To Arrest When SFST Done at Police Station

    Kansas DUI law is interesting and complex. On one hand, the Constitution protects individual's liberties. On the other, the Court in DUI cases seem to allow police officers more flexibility when investigating drunk driving cases. As a DUI lawyer, ...
  • 24-Aug-2012

    Welfare Check Wasn't Valid Reason For Stop in This Case

    Under the Fourth Amendment, we, the people, are not to be subject to unreasonable searches and seizures. However, the Courts have provided several exceptions, allowing police officers to search your car, even without reasonable suspicion. One such ...
  • 21-Aug-2012

    Checklanes Again Held Legal

    In Davis v. Ks. Dept. of Revenue 252 Kan. 224, 843 P.2d 260 (1992), the Supreme Court reaffirmed that checkpoints are constitutional. They reversed the trial court's decision to vacate the suspension of the person's driver's license. The ...
  • 20-Aug-2012

    Court Decides Due Process Not Violated Because it was at the Administrative Hearing

    After an alleged breath test refusal or failure, a person has 14 days to request the administrative hearing regarding their license. Otherwise, they automatically lose their license. Unfortunately, your line of questioning and witnesses at the ...
  • 14-Aug-2012

    Deskins Criteria Regarding DUI Checklanes

    Recently, I blogged about the legality of drunk driving checklanes. It was discussed how the courts applied a "Deskins" legal analysis. Deskins is a Kansas Supreme Court case about sobriety check points and roadblocks. It's citation is ...
  • 1-Aug-2012

    U-Turn to Avoid DUI Checklane Led to Valid Stop

    Before an officer can pull someone over, they must be able to articulate reasonable suspicion of a crime. What if the person performs a U-Turn to avoid a DUI checklane? In State v. Kotas 35 Kan.App.2d 769, 134 P.3d 677 (2006), the Court addressed the ...

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