State v. Johnson
259 P.3d 719
| Kan. | 2011Background
- Johnson was convicted on possession charges (cocaine, marijuana) but acquitted on a tax-stamp count.
- FBI task-force officers detained Johnson and another man near Thompson's mother's house based on similarity to a suspect and proximity to the residence.
- A face sheet from the Department of Corrections identified Thompson; Johnson’s height differed from Thompson by nine inches.
- Officers seized Johnson under an investigatory detention for which Johnson challenged the detention as unsupported by reasonable suspicion.
- District court denied suppression; the Court of Appeals affirmed; the Kansas Supreme Court granted review to assess the detention.
- The court ultimately held the detention was illegal due to lack of reasonable suspicion and vacated sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the detention was supported by reasonable suspicion | Johnson | Johnson | No; detection lacked reasonable suspicion |
Key Cases Cited
- State v. McGinnis, 290 Kan. 547, 233 P.3d 246 (2010) (standard for review of reasonable suspicion; mixed questions of law and fact)
- State v. DeMarco, 263 Kan. 727, 952 P.2d 1276 (1998) (totality of the circumstances for reasonable suspicion)
- State v. Thomas, 291 Kan. 676, 246 P.3d 678 (2011) (framework for evaluating whether detention is consensual or investigatory)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (minimum objective justification for stop; no hunch standard)
- State v. Baker, 239 Kan. 403, 720 P.2d 1112 (1986) (proximity to crime scene can support reasonable suspicion)
- State v. Glass, 40 Kan.App.2d 379, 192 P.3d 651 (2008) (descriptions of suspects can be too broad to support reasonable suspicion)
- State v. Walker, 292 Kan. 1, 251 P.3d 618 (2011) (detention supported by multiple corroborating factors near crime scene)
- State v. Moore, 283 Kan. 344, 154 P.3d 1 (2007) (Fourth Amendment analog in Kansas constitutions; standard for reasonable suspicion)
- State v. Anguiano, 37 Kan.App.2d 202, 151 P.3d 857 (2007) (descriptiveness of generic racial features insufficient for suspicion)
- United States v. Mendez, 118 F.3d 1426 (1997) (context for reasonable suspicion standard (cited by Kansas court))
- United States v. Sokolow, 490 U.S. 1 (1989) (requirement of more than a hunch for reasonable suspicion)
- Dennis v. State, 927 So.2d 173 (2006) (reliability of description-based stops)