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KS: Unlawful detention revealing outstanding warrant does not always require suppression

By John Wesley Hall, Jr.

Defendant was stopped on suspicion of attempting to urinate in public, but the officer really didn't see anything. Defendant's unlawful detention does not require suppression the finding of a separate warrant for the defendant's arrest because the official misconduct was not flagrant. A dispute in the state's case is resolved, but there is no bright line rule. State v. Martin, 2008 Kan. LEXIS 72 (March 28, 2008): We perceive that Damm and Jones are reconciled by recognizing that neither case establishes a bright line rule. The discovery of an outstanding arrest warrant does not always automatically wipe the slate clean for an officer unlawfully detaining the subject of the warrant. On the other hand, an unlawful detention that begets knowledge of an outstanding arrest warrant does not always automatically immunize the fugitive from prosecution for crimes discovered during the warrant arrest...continue to full post

Full post as published by Fourth Amendment on April 01, 2008 (boomark / email).