State v. Thomas
246 P.3d 678
| Kan. | 2011Background
- Thomas stopped by Officer Brown who pursued two-stage encounter starting with a consensual initial questioning and later an investigatory detention.
- Second stage involved accusatory questions, a call for back-up, and continued questioning after she expressed refusals and made incriminating admissions.
- Thomas admitted possessing two crack pipes only after the back-up request and was arrested without a voluntary, clearly communicated right to leave.
- District court found the second stage voluntary and admitted statements; Court of Appeals later affirmed three issues but remanded for probation sentence, reversed on others.
- This Court holds the second stage was an unlawful detention lacking reasonable suspicion and suppresses the evidence; also addresses speedy-trial timing and preserves Sixth Amendment issue only for review limitations.
- The Court reverses the conviction and remands for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of evidence—was second-stage detention lawful? | Thomas argues second stage was investigatory detention without reasonable suspicion. | State contends the entire encounter was consensual. | Second stage unlawfully detention; evidence excluded. |
| Was Thomas denied the statutory right to a speedy trial? | Thomas asserts trial occurred after >180 days attributable to State. | State argues within 180 days total; days allocated vary. | Thomas was not denied speedy-trial rights; 179 days assessed to State. |
| Was admitting the KBI report a Sixth Amendment confrontation issue preserved for review? | Thomas argues confrontation rights violated; not preserved. | State cites contemporaneous objection rules; preclusion applies. | Issue not preserved for appeal under contemporaneous objection rule. |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (reasonable-suspicion standard; minimal justification)
- Florida v. Royer, 460 U.S. 491 (U.S. 1983) (mere police approach not a seizure unless coercive circumstances)
- State v. McGinnis, 290 Kan. 547 (2010) (two-step suppression; totality of circumstances scrutiny)
- State v. Thompson, 284 Kan. 763 (2007) (consensual vs. seizure; totality approach)
- State v. Reason, 263 Kan. 405 (1997) (freedom to disregard police questions; coercive factors)
- Vaughn, 288 Kan. 140 (2009) (speedy-trial clock starts at arraignment; delay considerations)
- State v. Moore, 283 Kan. 344 (2007) (reasonable suspicion standards; totality considerations)
- State v. Prewett, 246 Kan. 39 (1990) (time starts running after competency matters)
- State v. Dreher, 239 Kan. 259 (1986) (duty on State to bring to trial within allowed time)
