Friday, February 16, 2007

Semifit means no fit

Another good day for the Fourth Amendment.

Rachel Pickering won in State v. Anguiano, No. 95,716 (Kan. App. Feb. 16, 2007), reversing a Seward County possession conviction after a stop without reasonable suspicion. The COA described the issue as follows:
The only bases stated by the officer were (i) that Anguiano "semifit" a description of someone wanted on a felony warrant and (ii) Anguiano's statement that he was "coming from National Beef" did not make sense to the officer given the direction of Anguiano's travel. We conclude that neither of these bases, whether considered separately or together, supported a reasonable suspicion of criminal activity.

Rick Kittel and Heather Cessna won in two other unpublished cases on Fourth Amendment grounds. I will update soon with details, so check back!

[Update: the state did not file a PR and the mandate issued March 22, 2007]

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