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State v. Thomas
246 P.3d 678
| Kan. | 2011
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Thomas
Court Name: Supreme Court of Kansas
Date Published: Jan 21, 2011
Citation: 246 P.3d 678
Docket Number: 98,123
Court Abbreviation: Kan.