State v. Goodro
121944
| Kan. Ct. App. | Jun 11, 2021Background:
- Goodro was detained by Walmart security for suspected shoplifting; she gave the name "Jennifer Zorn" and had no photo ID.
- Officer Boettger’s records check linked the alias to Jennifer Goodro and showed a prior theft conviction and at least one failure to appear.
- Goodro told the officer she had transportation problems and did not want to be taken to jail; Boettger arrested her for misdemeanor theft under K.S.A. 22-2401(c)(2)(A).
- During booking the jail search uncovered methamphetamine and clonazepam; Goodro was charged with felony drug possession, misdemeanor possession of paraphernalia, and misdemeanor theft.
- Goodro moved to suppress the drugs and paraphernalia, arguing the arrest violated K.S.A. 22-2401(c)(2) and the Fourth Amendment because the officer lacked probable cause to believe she could not be later apprehended if issued a notice to appear.
- The district court denied suppression (crediting Boettger); on stipulated facts the court convicted Goodro and sentenced her. She appealed solely on the suppression issue.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had probable cause to arrest under K.S.A. 22-2401(c)(2)(A) (that suspect "will not be apprehended" if given a notice to appear) | Goodro: No probable cause to believe she could not be later apprehended; arrest unlawful and evidence must be suppressed. | State/Boettger: Objectively reasonable officer could conclude false name + no photo ID + database link to alias (and prior FTA/transportation claim) made later apprehension unlikely, justifying arrest. | Court affirmed denial of suppression: objectively reasonable officer could arrest because suspect’s misleading name and lack of ID made reliable later apprehension unlikely; seizure was lawful. |
Key Cases Cited
- Atwater v. City of Lago Vista, 532 U.S. 318 (Fourth Amendment analysis of misdemeanor arrests)
- Devenpeck v. Alford, 543 U.S. 146 (probable cause standard for arrests is objective)
- Ornelas v. United States, 517 U.S. 690 (objective reasonableness and review of Fourth Amendment determinations)
- State v. Keenan, 304 Kan. 986 (definition of probable cause)
- State v. Patterson, 304 Kan. 272 (State bears burden to prove reasonableness of search/seizure)
- State v. Kingsley, 299 Kan. 896 (appellate courts may decline inadequately briefed issues)
- State v. Hicks, 282 Kan. 599 (limits of inferences from past conduct/failures for probable cause)