Wednesday, March 17, 2010
Happy St. Patrick's Day!
For all of you going out to various parades or other festivities today, I wanted to remind you of one of my favorite cases, State v. Anguiano, 37 Kan. App. 2d 202; 151 P.3d 857 (2007), blogged about here.
In Anguiano, the COA held that an investigatory stop of a pedestrian was not supported by reasonable suspicion when the person only "semi-fit" the description of a person wanted on a felony warrant. The description of the suspect was: a Hispanic male, wearing a coat, and "dark type" green pants (Anguiano had on dark-colored, grayish-green pants and a coat). The best part- the stop occurred on St. Patrick's Day. So, the important thing to take from this case (other than the good Fourth Amendment law) is that you can't be detained on St. Patrick's Day for wearing green pants.