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Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct
by Douglas Ankney
The Supreme Court of Kansas clarified that state law does not require consent to search to be verbal and that nonverbal conduct may constitute consent under the totality of the circumstance.
Responding to a complaint of an odor of marijuana, officers Robert McKeirnan and …
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More from this issue:
- Staggering Injustice, by Derek Gilna
- Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
- Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
- Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
- Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
- First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
- Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
- Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
- Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
- New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful, by Douglas Ankney
- Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
- Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
- Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
- Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
- Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
- Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
- Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
- Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs, by Dale Chappell
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
- Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
- New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
- Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
- Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
- Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, by Anthony Accurso
- Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
- Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area, by Anthony Accurso
- Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent, by Dale Chappell
- Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
- Data Expose Demographics of Police Dog Bites, by Jayson Hawkins
- Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses, by Casey Bastian
- When a Hung Jury Is Enough, by Jayson Hawkins
- Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, by Casey Bastian
- Inadequate and Outdated Training Results in Wild West Policing, by Michael Fortino, Ph.D
- New Michigan Law Expands Criminal Records Expungement, by Casey Bastian
- Athlete Settles Tasing Suit Against Milwaukee Police, by Edward Lyon
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
- Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
- How Arkansas Criminalizes Poverty, by Jayson Hawkins
- Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
- California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
- NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, by Douglas Ankney
- Prosecutors Who Demand Accountability From Everyone But Themselves, by Casey Bastian
- Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation, by Dale Chappell
- News in Brief
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad, July 15, 2023. Death Penalty/Death Row, Doctrine of Unconstitutional Conditions.
- Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional, May 15, 2023. U.S. Sentencing Guidelines, Doctrine of Unconstitutional Conditions, Juvenile Offenses/Offenders.
- Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution, Aug. 15, 2022. Traffic stop, Doctrine of Unconstitutional Conditions, Pending Appeal/Sentencing.
- Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch, May 15, 2021. Qualified Immunity, Involuntary.
- Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop, April 15, 2021. Involuntary, Anonymous Tip.
- Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible, Feb. 15, 2021. Involuntary, Blood Samples/Tests, Illegal Search.
- Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional, Dec. 15, 2020. Sex Offender Registration, Sex Offenders (Discrimination), Doctrine of Unconstitutional Conditions.
- Wisconsin Supreme Court Rules Unconstitutional Statute Authorizing Forcible Medication of Involuntarily Committed Prisoner, Oct. 1, 2020. Doctrine of Unconstitutional Conditions, Antipsychotic Drugs/Forced Medication.
- Dolan v. City of Tigard, No. 93-518 (U.S. Supreme Court) (512 U.S. 374; 114 S.Ct. 2309) (June 24, 1994) (Justice Rehnquist), Sept. 16, 2005. Punch And Jurists, Doctrine of Unconstitutional Conditions.
- U.S. v. Scott, No. 04-10090 (9th Cir.) (424 F.3d 888) (September 9, 2005) (Judge Alex Kozinski), Aug. 1, 2005. Punch And Jurists, Doctrine of Unconstitutional Conditions.
