State v. Howard
339 P.3d 809
Kan. Ct. App.2014Background
- Officer observed a torn plastic baggie corner in the center cupholder during a traffic stop.
- Howard and the pregnant passenger were arrested for outstanding warrants; passenger seated on curb away from car.
- Officer searched the car for drugs and found a loaded AK-47 under seats and floor mats.
- Missouri court had found Howard guilty of burglary First Degree in 2006 with suspended imposition and probation; file closed after successful probation.
- Kansas charged Howard with criminal possession of a firearm by a convicted felon under a statute matching foreign-conviction provision; district court held him guilty at bench trial.
- Howard moved to suppress; court denied; case proceeded on stipulated facts and bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Missouri suspended-imposition count as a conviction under Kansas law? | Howard argues no conviction since Missouri suspended imposition completed. | State maintains Missouri adjudication counts as conviction under Kansas statute. | Missouri adjudication counts as conviction for Kansas firearm statute. |
| Was the search of Howard's vehicle lawful under the Fourth Amendment? | Howard contends search was unlawful (no warrant, no probable cause). | State asserts probable cause plus automobile exigent circumstances justified warrantless search. | Search valid under probable cause plus automobile-exigency exception. |
| Should evidence of Howard’s Missouri firearm purchase be admitted? | Purchase evidence could negate mental-state and negate conviction. | Evidence is irrelevant to Kansas general-intent crime; not probative. | Excluded; evidence irrelevant to general-intent possession. |
| Does the mistake-of-law defense apply to negate the culpable mental state? | Howard relied on federal background check and Missouri status to believe he could possess. | Mistake-of-law defense may apply under statute; Missouri/Missouri background check not binding Kansas law. | Mistake-of-law defense not available; no applicable circumstances; defense rejected. |
| What is the required mental state for criminal possession of a firearm by a felon under the current code? | General intent suffices; knowledge of felon status not required. | No explicit mental-state requirement; statute imposes universal prohibition with general intent. | Criminal possession of firearm is a general-intent crime; no need to prove knowledge of felon status. |
Key Cases Cited
- State v. Pollard, 273 Kan. 706 (2002) (Missouri conviction counts as a Kansas convict for firearm possession when on Missouri probation)
- State v. Holmes, 222 Kan. 212 (1977) (conviction defined as adjudication of guilt under Kansas law)
- State v. Macias, 30 Kan. App. 2d 79 (2002) (out-of-state adjudication counted as prior conviction for sentencing purposes)
- State v. Siesener, 35 Kan. App. 2d 649 (2005) (criminal history properly included Missouri offense for prior-conviction purposes)
- State v. Hankins, 49 Kan. App. 2d 971 (2014) (concurring opinion questioning Pollard approach to certain deferrals; not affecting outcome here)
- State v. Jones, 300 Kan. _, 333 P.3d 886 (2014) (torn/knotted baggies can contribute to probable cause in context)
- State v. Ramirez, 278 Kan. 402 (2004) (torn baggie coupled with other factors may establish probable cause)
- Sanchez-Loredo, 294 Kan. 50 (2012) (recognizes multiple exceptions to warrant requirement; vehicle-search context)
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception based on ready mobility of vehicle)