State v. Johnson, 264 P.3d 1018

Johnson was stopped leaving a parking lot with a child on the driver’s lap; officer detected odor of alcohol.
Johnson admitted license suspension and inability to show proof of insurance; field sobriety tests were administered and passed.
Johnson was arrested for driving with a suspended license and for lack of insurance; marijuana and paraphernalia were found during searches.
Suppression motion argued: unlawful arrest and Miranda violation; district court denied suppression after hearing.
Parties submitted stipulation; Johnson absent at a status hearing where findings of guilt were entered; he was later sentenced to 20 months and probation.
On appeal, court remanded for proper handling of Johnson’s jury-trial waiver and other issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of stop and arrest	Johnson	Johnson	Stop extended lawfully; arrest for insurance valid; suppression denied.
Miranda custody and interrogation	Johnson	State	Miranda warnings required; evidence excluded but inevitably discovered; no suppression.
Waiver of jury trial	Johnson	State	Waiver ineffective; remand for proper jury-trial waiver process.
Right to be present at all stages	Johnson	State	Not resolved on record; remanded for proper proceedings.

State v. Woolverton, 284 Kan. 59 (2007) (standards for reviewing suppression rulings)
State v. Patton, 26 Kan. App. 2d 591 (1999) (crime justification for extended stop/private property)
Nickelson v. Kansas Dept. of Revenue, 33 Kan. App. 2d 359 (2004) (odor of alcohol as grounds to extend stop)
State v. Cox, 41 Kan. App. 2d 833 (2009) (arrests for lack of insurance; officers may arrest or cite)
State v. Murray, 285 Kan. 503 (2008) (if district court reaches correct result on wrong ground, affirm)
State v. Irving, 216 Kan. 588 (1975) (requirements for valid jury-trial waiver)
State v. Simpson, 29 Kan. App. 2d 862 (2001) (waiver-analysis; open-court waiver requirement)