State v. Butts
269 P.3d 862
Kan. Ct. App.2012Background
- Butts challenged a cocaine possession and DUI conviction arising from a traffic stop and subsequent search.
- Officer Hopkins stopped Butts’ vehicle for speeding and swerving in a 30 mph zone; speed estimated at 45 mph with no radar or pacing.
- Butts was observed to have bloodshot eyes, slurred speech, strong odor of alcohol, and admitted drinking; field sobriety tests were conducted.
- Two small crack cocaine bags were found during a search incident to arrest; breath test showed .141 BAC.
- Butts moved to suppress evidence; district court denied suppression; jury trial was set for May 10, 2010; Butts later moved to dismiss for speedy-trial violations and the case proceeded on stipulated facts; Butts was convicted and sentenced on August 4, 2010.
- Butts contends the suppression was improper due to lack of reasonable suspicion and that the speedy-trial clock was violated; the appellate court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the traffic stop justified by reasonable suspicion of speeding? | Butts argues no reasonable suspicion; stop was pretextual. | State argues speeding observation provides reasonable suspicion; visual estimation allowed. | Yes; stop supported by reasonable suspicion of speeding. |
| Were Butts’ statutory speedy-trial rights violated under K.S.A. 22-3402(2)? | Butts asserts 183 days beyond arraignment; 98 days delay due to suppression motion should be charged to State. | State argues 21–30 days for ruling was reasonable; other delays chargeable to defendant or court. | No; trial within 180 days; delay for suppression was reasonable. |
Key Cases Cited
- State v. Walker, 292 Kan. 1 (Kan. 2011) (direction on reviewing suppression rulings and substantial competent evidence standard)
- State v. Guy, 242 Kan. 840 (Kan. 1960s) (visual speed estimation can justify a stop for speeding)
- State v. Whitehurst, 13 Kan. App. 2d 411 (Kan. App. 1988) (visual estimation can support stop for speeding under certain circumstances)
- City of Dodge City v. Dooming, 257 Kan. 561 (Kan. 1995) (time attributable to defendant for motions tolls speedy-trial clock; reasonable time processing motions allowed)
- Southard, 261 Kan. 744 (Kan. 1997) (downing/southard approach to tolling time for defense motions; reasonableness standard)