Monday, June 19, 2006

Another extended traffic stop case

Matt Edge won in State v. Armstrong, No. 93,941 (Kan. App. June 16, 2006)(unpublished), reversing a Harvey County conviction for possession. This was another case finding that police officers validly stopped a car, but went on to improperly extend the duration of the stop. The state tried to argue that by giving consent, the detention terminated. The COA disagreed holding that "Such a contention is counterintuitive. A reasonable person would not feel free to disregard the police and leave in the vehicle for which permission to search had just been given." Although probably moot after the suppression, the COA also held that the district court improperly excluded evidence of a witness' plea as a prior inconsistent statement.

[Update: the state did not file a petition for review and the mandate issued on July 20, 2006]

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