Tuesday, April 17, 2007

But I didn't want to go to jail!

I saw this post over on California Appellate Project and thought I would link to it here. I have seen a few of these cases in Kansas, where the cops arrest you for whatever and then tell you if you have any contraband on your person, you better give it up or be arrested for trafficking. Then you get charged with possession. As this decision illustrates, I think this would support a colorable Fourth/Fifth Amendment type argument, if raised at a suppression hearing.

No comments: