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CITY OF GARDEN CITY v. MESA

No. 47,467

215 Kan. 674 (1974)

527 P.2d 1036

THE CITY OF GARDEN CITY, KANSAS, Appellee, v. BRIGIDO GUILLEN MESA, Appellant.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

J. Stephen Nyswonger, of Braun & Nyswonger, of Garden City, argued the cause, and Lelyn J. Braun, of the same firm, was with him on the brief for the appellant.

William B. Bolin, of Garden City, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This case presents a serious question concerning the application of K.S.A. 1973 Supp. 22-2402 (1) commonly referred to as our "stop and frisk" statute, and the role of the Fourth Amendment of the Federal Constitution in the confrontation between a citizen in a public place and the policeman investigating suspicious circumstances.

Brigido Mesa (defendant-appellant) has appealed from a conviction...

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