STATE v. HAYES

No. 50,837

3 Kan. App. 2d 517 (1979)

597 P.2d 268

STATE OF KANSAS, Appellant, v. HOBERT HAYES, Appellee.

Court of Appeals of Kansas.

Petition for review denied September 14, 1979.


Attorney(s) appearing for the Case

Joan M. Hamilton, assistant district attorney, Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, for appellant.

Robert M. Brown, of Topeka, for appellee.

Before MEYER, P.J., REES and SPENCER, JJ.


REES, J.:

The State has brought an interlocutory appeal (K.S.A. 1978 Supp. 22-3603) from a trial court order suppressing certain evidence found to be the fruit of an illegal stop. The State argues the stop was made pursuant to K.S.A. 22-2402, the Kansas "stop and frisk" statute. We reverse and remand for further proceedings.

The sole issue presented on appeal is whether the stop of defendant's car was authorized under K.S.A. 22-2402(1). That statute authorizes...

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