Cross References to Related Sections:

Issuance of written traffic citation at scene of traffic accident, see 8-2109.

Shoplifting, detention of person by merchant, see 21-3424(c).

Law Review and Bar Journal References:

"Notes on the Code of Criminal Procedure," Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 99 (1970).

Informants and "stop and frisk," J. Taylor Neuschwander, 12 W.L.J. 102, 103 (1972).

"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 719, 722, 733, 738, 739, 741, 742 (1972).

"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 403, 404 (1979).

"The Not So Plain Feel Exception," Dustin W. Mullin, 37 W.L.J. 777 (1998).

Attorney General's Opinions:

No authority for law enforcement officer to stop and inquire regarding private homes association regulations. 1999-50.

CASE ANNOTATIONS

1. Evidence obtained from "stop and frisk" properly suppressed; "stop" and search held unreasonable. State v. Jackson, 213 Kan. 219, 222, 225, 515 P.2d 1108.

2. Applied; police officer stopping suspect on suspicion of possible burglary acting in discharge of duties. City of Garden City v. Mesa, 215 Kan. 674, 677, 680, 681, 682, 684, 527 P.2d 1036.

3. Applied; evidence obtained through search of vehicle properly admitted. State v. Morin, 217 Kan. 646, 650, 538 P.2d 684.

4. Discussed in upholding warrantless arrest under K.S.A. 22-2401; "probable cause" test applied. State v. Curtis, 217 Kan. 717, 720, 721, 538 P.2d 1388.

5. Lawful search preceding formal arrest upheld where probable cause for arrest existed. State v. Barnes, 220 Kan. 25, 28, 551 P.2d 815.

6. Ample probable cause to make arrest and search after legal "stop and frisk" hereunder. State v. Boone, 220 Kan. 758, 762, 764, 556 P.2d 864.

7. Marijuana on which prosecution based was product of unreasonable search; conviction reversed. State v. Stitzel, 2 Kan. App. 2d 86, 88, 575 P.2d 571.

8. Discussed; to require person found at scene of crime to identify himself not considered as evidence bearing on proof of commission of crime. State v. Hamilton, 222 Kan. 341, 344, 564 P.2d 536.

9. Subsection (1) rather than K.S.A. 8-244 furnishes guidelines to determining when policeman may stop automobile (dissenting opinion). City of Overland Park v. Sandy, 225 Kan. 102, 109, 110, 111, 587 P.2d 883.

10. Detectives had reasonable grounds to believe defendant committing a crime; search clearly justified. State v. Baylor, 2 Kan. App. 2d 722, 726, 587 P.2d 343.

11. Asking for identification does not constitute stopping and frisking requiring a reasonable suspicion. State v. Marks, 226 Kan. 704, 708, 602 P.2d 1344.

12. Weapons discovered during search of purse of companion of defendant properly received into evidence. State v. Thompson, 3 Kan. App. 2d 426, 431, 596 P.2d 174.

13. Stop of defendant's car held justified by reasonable suspicion. State v. Hayes, 3 Kan. App. 2d 517, 597 P.2d 268.

14. Warrantless search of automobile after defendant arrested for speeding and no longer in car violates constitution. State v. Sanders, 5 Kan. App. 2d 189, 614 P.2d 998.

15. Knowledge of one officer imputed to others; personal knowledge not required to form reasonable suspicion. State v. Niblock, 230 Kan. 156, 160, 631 P.2d 661 (1981).

16. Admissibility of defendant's statements made prior to Miranda warning considered. State v. Taylor, 231 Kan. 171, 173, 642 P.2d 989 (1982).

17. Trial court did not err in finding that the officers had reasonable suspicion to stop the car and that the evidence seized as a result of the stop was admissible. State v. Keene, 8 Kan. App. 2d 88, 90, 650 P.2d 716 (1982).

18. Officer inquiring of defendant during pat down where weapon was not violative of Miranda rights. State v. Roadenbaugh, 234 Kan. 474, 477, 673 P.2d 1166 (1983).

19. Defendant gave false identification in response to proper request hereunder. State v. Latimer, 9 Kan. App. 2d 728, 730, 687 P.2d 648 (1984).

20. Where requested identification lawful because reasonable suspicion aroused, items found upon entry to obtain identification lawful evidence. State v. Mayfield, 10 Kan. App. 2d 175, 178, 694 P.2d 915 (1985).

21. Where no basis in fact existed for suspecting criminal activity, stopping defendants was unlawful seizure; subsequent auto search also unlawful. State v. Epperson, 237 Kan. 707, 714, 703 P.2d 761 (1985).

22. No duty to read Miranda rights and no unlawful search under plain view doctrine where defendant reasonably detained. State v. Breazeale, 238 Kan. 714, 731, 714 P.2d 1356 (1986).

23. Cited; stopping and detaining one suspected of DUI without evidence of erratic or impaired driving examined. State v. Zito, 11 Kan. App. 2d 432, 724 P.2d 149 (1986).

24. Absent probable cause or warrant, police must have reasonable and articulate suspicion to stop and search. State v. Baker, 239 Kan. 403, 407, 720 P.2d 1112 (1986).

25. Cited; blocking of airplane runway with another airplane as proper when requirements of statute met examined. State v. Strayer, 242 Kan. 618, 623, 750 P.2d 390 (1988).

26. Cited; stop and frisk statute's applicability under facts and circumstances of particular case examined. State v. Kirby, 12 Kan. App. 2d 346, 352, 744 P.2d 146 (1987). Affirmed, 242 Kan. 803, 751 P.2d 1041 (1988).

27. Cited; authority of law enforcement officer to stop speeding vehicle regardless of motive examined. State v. Guy, 242 Kan. 840, 752 P.2d 119 (1988).

28. Exception to probable cause and warrant requirements (stop and frisk rule) examined. State v. Webb, 13 Kan. App. 2d 300, 769 P.2d 34 (1989).

29. Guidelines for investigatory stops examined where defendant/driver was habitual violator (K.S.A. 8-286). State v. Whitehurst, 13 Kan. App. 2d 411, 412, 772 P.2d 1251 (1988).

30. Justification for stop and frisk search, preservation of evidence as impermissible purpose, inevitable discovery exception to exclusionary rule examined. State v. Waddell, 14 Kan. App. 2d 129, 132, 784 P.2d 381 (1990).

31. Circumstances justifying nonarrest stop and search for dangerous weapons pursuant to stop examined. State v. Potter, 246 Kan. 119, 785 P.2d 989 (1990).

32. Voluntary nature of consent to search after illegal automobile stop examined. State v. Henry, 14 Kan. App. 2d 416, 417, 792 P.2d 358 (1990).

33. Sufficiency of facts to justify stop and frisk search absent probable cause or warrant to arrest examined. State v. Bailey, 247 Kan. 330, 333, 799 P.2d 977 (1990).

34. Seizure of person and pat-down search examined; circumstances determined insufficient to justify stop and frisk. State v. Burks, 15 Kan. App. 2d 87, 95, 803 P.2d 587 (1991).

35. What constitutes a reasonable and articulable suspicion sufficient to justify stopping and frisking someone examined. State v. McKeown, 249 Kan. 506, 508, 819 P.2d 644 (1991).

36. What constitutes reasonable stop and frisk examined; reasonable stop and frisk as not converted into arrest without probable cause. State v. Nugent, 15 Kan. App. 2d 554, 564, 811 P.2d 890 (1991).

37. Law enforcement officer's stop of vehicle for safety reasons alone examined. State v. Vistuba, 251 Kan. 821, 822, 840 P.2d 511 (1992).

38. Statute provides guidance in determining constitutionality of stop and frisk; not an exclusionary rule nor all police/citizen contact governed. Davis v. Kansas Dept. of Revenue, 252 Kan. 224, 228, 843 P.2d 260 (1992).

39. Specific articulable facts together with rational inferences therefrom to constitute reasonable suspicion in stopping moving vehicle examined. State v. Finley, 17 Kan. App. 2d 246, 249, 838 P.2d 904 (1992).

40. Reasonable suspicion standard discussed; no requirement that officer observe criminal activity; determination is question of law. State v. Field, 252 Kan. 657, 659, 664, 847 P.2d 1280 (1993).

41. Vehicle was unlawfully stopped, law enforcement officer not in fresh pursuit. State v. Hodges, 252 Kan. 989, 993, 995, 996, 851 P.2d 352 (1993).

42. Facts justifying stop and search of any person in public place examined; same standard applicable to stop and search of automobile. State v. Johnson, 253 Kan. 75, 80, 853 P.2d 34 (1993).

43. Statute does not apply to checklane stops established with a plan embodying explicit, neutral limitations on law enforcement officers. State v. MacDonald, 253 Kan. 320, 324, 856 P.2d 116 (1993).

44. Cited; substantial evidence of probable cause for stop of defendant's auto existed under totality of circumstances. State v. Toney, 253 Kan. 651, 656, 862 P.2d 350 (1993).

45. Whether conservation officer is entitled to qualified immunity in civil rights action arising out of arrest examined. Dees v. Vendel, 856 F. Supp. 1531, 1536 (1994).

46. Admissibility of incriminating statements by defendant before Miranda warnings given examined; investigatory interrogation discussed (dissenting opinion). State v. Ewing, 258 Kan. 398, 405, 904 P.2d 962 (1995).

47. Officer must have reasonable suspicion person is committing crime at time of stopping motorist, not when officer makes determination to stop. State v. Weaver, 259 Kan. 844, 847, 852, 915 P.2d 746 (1996).

48. Plain feel exception to probable cause requirement for a pat-down search applies in Kansas. State v. Wonders, 23 Kan. App. 2d 287, 291, 929 P.2d 792 (1996).

49. Trial court erred in suppressing evidence based on ruling officers lacked authority to stop and frisk defendant. State v. Reno, 260 Kan. 117, 133, 918 P.2d 1235 (1996).

50. Justification for "stop and frisk" search considered. State v. Schmitter, 23 Kan. App. 2d 547, 552, 553, 933 P.2d 762 (1997).

51. Warrantless arrest probable cause under K.S.A. 22-2401 requires more than reasonable suspicion sufficient to justify traffic stop hereunder. City of Dodge City v. Norton, 262 Kan. 199, 204, 936 P.2d 1356 (1997).

52. Officer had reasonable suspicion that defendant engaged in misdemeanor justifying stop hereunder. City of Dodge City v. Hadley, 262 Kan. 234, 244, 936 P.2d 1347 (1997).

53. Officer's knowledge of suspect's suspended license constituted reasonable suspicion justifying vehicle stop. State v. Campbell, 24 Kan. App. 2d 553, 554, 948 P.2d 684 (1997).

54. Evidence properly suppressed where detention of defendant was unlawful and search of defendant involuntary. State v. Rice, 264 Kan. 232, 238, 955 P.2d 1258 (1998).

55. Reasonable suspicion found to exist to stop operator of vehicle described by private citizen as "extremely nervous" where vehicle had been stuck in ditch with ignition wires hanging loosely and registered owner could not be contacted. State v. Toothman, 267 Kan. 412, 416, 418, 985 P.2d 701 (1999).

56. Law enforcement officer had reasonable suspicion to stop car. State v. Maybin, 27 Kan. App. 2d 189, 2 P.3d 179 (2000).

57. No legal basis for stopping person on motorcycle as either an investigatory stop or public safety stop. State v. Ludes, 27 Kan. App. 2d 1030, 11 P.3d 72 (2000).

58. Police officer may not search a person incident to arrest of another person in close proximity (both in back seat of parked taxi) absent reasonable suspicion person has committed or is about to commit a crime. State v. Davis, 28 Kan. App. 2d 75, 11 P.3d 1177 (2000).

59. Anonymous tip concerning a reckless driver insufficient to justify either investigatory or public safety stop. State v. Crawford, 30 Kan. App. 2d 977, 52 P.3d 353 (2002).

60. Smell of alcohol on defendant's breath insufficient justification for traffic stop. City of Hutchinson v. Davenport, 30 Kan. App. 2d 1097, 54 P.3d 532 (2002).

61. Based on officer's actual knowledge sufficient reasonable suspicion existed to stop defendant. State v. Bieker, 35 Kan. App. 2d 427, 435, 132 P.3d 478 (2006).

62. Officer's stop of vehicle based on reasonable belief and objective, articulable facts that traffic violation occurred, upheld. State v. Kotas, 35 Kan. App. 2d 769, 777, 134 P.3d 677 (2006).

63. Direction to empty pockets with no probable cause to search beyond a pat-down frisk for weapons violates 4 th Amendment rights. State v. Bastian, 37 Kan. App. 2d 156, 150 P.2d 912 (2007).

64. Traffic stop not lawful where based on officer's unparticularized hunch defendant impaired because vehicle hugged the line. State v. Hess, 37 Kan. App. 2d 188, 194, 153 P.3d 557 (2006).

65. Officer's use of car length test and 2 second test provide justification to stop vehicle for following to closely. State v. Moore, 283 Kan. 344, 351, 154 P.3d 1 (2007).

66. Cited; comprehensive review of police-citizen encounters and search and seizure constitutional issues. State v. Thompson, 284 Kan. 763, 166 P.3d 1015 (2007).

67. When a request to search is simultaneous with illegal pat-down search, the consent is not voluntary. State v. Burton, 37 Kan. App. 2d 916, 918, 919, 159 P.3d 209 (2007).

68. Section permits an investigatory detention if supported by reasonable suspicion. State v. Cook, 38 Kan. App. 2d 20, 24, 161 P.3d 779 (2007).

69. Observation of crossing fog line and centerline sufficient to establish reasonable suspicion of K.S.A. 8-1522 violation. State v. Marx, 38 Kan. App. 2d 598, 171 P.3d 276 (2007).

70. If law enforcement officer observes person violating K.S.A. 8-1548, officer has probable cause to seize person to investigate violation. State v. Greever, 286 Kan. 124, 135, 183 P.3d 788 (2008).

71. Consensual searches of passengers during the period of a detention for a traffic stop are unconstitutional. State v. Smith, 286 Kan. 402, 406, 410, 417, 184 P.3d 890 (2008).

72. Cited; circumstances provided reasonable suspicion to investigate DUI; suppression motion denied. State v. Pollman, 286 Kan. 881, 889, 890, 190 P.3d 234 (2008).

73. Cited; court distinguishes custodial interrogations and investigative interrogations; Miranda warning, when required. State v. Vanek, 39 Kan. App. 2d 529, 538, 180 P.3d 1087 (2008).

74. Cited; officer had reasonable suspicion under K.S.A. 22-2402 to stop defendant. State v. Moore, 39 Kan. App. 2d 568, 577, 581, 181 P.3d 1258 (2008).

75. Mentioned in automobile stop case, detention of passenger exceeded scope of stop; evidence suppressed. State v. Gross, 39 Kan. App. 2d 788, 801, 184 P.3d 978 (2008).

76. Court finds police did not have reasonable suspicion that crime had been committed to justify stop; evidence suppressed. State v. McCaddon, 39 Kan. App. 2d 839, 845, 185 P.3d 309 (2008).

77. Cited; law enforcement lacked reasonable suspicion of criminal activity to request passenger's driver's license. State v. Morlock, 40 Kan. App. 2d 216, 223, 190 P.3d 1002 (2008).

78. Cited; law enforcement must have reasonable suspicion that a law is being violated to stop vehicles. State v. Kirk, 40 Kan. App. 2d 817, 818, 196 P.3d 407 (2008).

79. K.S.A. 8-1522 construed; section establishes two rules, one relating to maintaining a single lane and one relating to changing lanes. State v. Marx, 289 Kan. 657, 215 P.3d 601 (2009).

80. After investigatory stop, police allowed to request identification and run warrants check. State v. Walker, 41 Kan. App. 2d 337, 202 P.3d 685 (2009).

81. Pat down of passenger after a traffic stop upheld. State v. Golston, 41 Kan. App. 2d 444, 203 P.3d 10 (2009).

82. In suppression hearing; trooper's suspicion of loose ladder dispelled, search thereafter unlawful. State v. Diaz-Ruiz, 42 Kan. App. 2d 325, 211 P.3d 836 (2009).

83. Pat-down search conducted during consensual search of defendant's home lacked reasonable suspicion. State v. Dean, 42 Kan. App. 2d 558, 214 P.3d 1190 (2009).

84. Sufficient reasonable suspicion found to believe officer safety might be at risk. State v. Johnson, 42 Kan. App. 2d 799, 217 P.3d 42 (2009).

85. Law enforcement officer's inquires into matters unrelated to the justification for the stop constitutionally permissive. State v. Morlock, 289 Kan. 980, 218 P.3d 801 (2009).

86. Voluntary encounter with police found, not illegal seizure. State v. Murphy, 42 Kan. App. 2d 933, 219 P.3d 1223 (2009).

87. Defendant stopped for traffic violation not in custody for Miranda purposes when he made statements to a police officer because officer's questioning was part of an investigatory detention. State v. Goff, 44 Kan. App. 2d 536, 239 P.3d 467 (2010).

88. Pat-down search of a passenger after a traffic stop held illegal search. State v. White, 44 Kan. App. 2d 960, 241 P.3d 591 (2010).

89. Officer's observation of defendant weaving in and out of lanes without signaling and weaving within lane of travel supported a reasonable suspicion of criminal activity to justify traffic stop. State v. Knight, 44 Kan. App. 2d 666, 241 P.3d 120 (2010).

90. Investigatory detention not supported by reasonable suspicion; detention held illegal. State v. Thomas, 291 Kan. 676, 246 P.3d 678 (2011).

91. More than a mere hunch of criminal activity by an officer is required to fall within the statutory criteria. State v. Martinez, 296 Kan. 482, 293 P.3d 718 (2013).

92. Evidence of other crimes discovered during lawful vehicle stop based on license plate violation may be admissible, despite the fact that the license plate was later determined to be proper. State v. Hardin, 49 Kan. App. 2d 81, 304 P.3d 354 (2013).

93. An officer may extend a traffic stop beyond the time needed to address the traffic violation only if the officer has reasonable suspicion that the person was or is involved in additional criminal activity. State v. Kraemer, 52 Kan. App. 2d 686, 691-92, 371 P.3d 954 (2016).

94. Investigatory detention was reasonable under totality of the circumstances when nearby parked minivan was moved into alleyway and lights turned off as officers responded to 911 call. State v. Bates, 316 Kan. 174, 513 P.3d 483 (2022).