State v. Johnson
270 P.3d 1135
Kan.2012Background
- Johnson challenged suppression of evidence from a cigarette pack seized during an officer safety stop.
- Officers entered the apartment during a burglary-in-progress call; Johnson claimed to be the tenant's girlfriend.
- Tucker questioned Johnson in the kitchen; Johnson repeatedly sought to access a cigarette pack.
- Tucker seized the cigarette pack for officer safety, opened it, and found a glass pipe leading to a cocaine-containing pill bottle.
- Suppression hearings and Court of Appeals rulings centered on whether the detainment, seizure, and subsequent search complied with Fourth Amendment and K.S.A. 22-2402.
- The Supreme Court held the suppression should have been granted and remanded to district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to continue the detention. | Johnson: no ongoing suspicion existed. | State: ongoing concern for officer safety justified detention. | Detention lacked sufficient reasonable suspicion. |
| Whether the cigarette pack seizure was justified under Terry/k.S.A. 22-2402(2). | Pack seizure justified by officer safety concerns. | Detention alone did not justify seizure. | Seizure justified under officer safety concerns given Johnson's behavior. |
| Whether the search of the cigarette pack was permissible after seizure. | Search exceeded permissible scope once pack seized. | Search were within the permissible scope to protect officers. | Search of the pack was not permissible; required return of pack. |
| Whether Johnson adequately preserved the privacy and detention issues for appeal. | Challenge preserved on appeal. | Issues not preserved in district court; not reviewable. | Non-preservation prevents consideration of these arguments on appeal. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (S. Ct. 1968) (goal of officer safety supports brief detentions and frisks)
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978) (protection of reasonable expectation of privacy)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances in determining reasonable suspicion)
- State v. Anderson, 281 Kan. 896 (2006) (review standard for suppression rulings; not reweighing witnesses)
- State v. Smith, 286 Kan. 402 (2008) (search/seizure standards and Fourth Amendment analysis)
- State v. Thompson, 284 Kan. 763 (2007) (analysis of investigatory detention)