STATE v. NUGENT

No. 65,410

15 Kan. App. 2d 554 (1991)

811 P.2d 890

STATE OF KANSAS, Appellee, v. FLOYD M. NUGENT, Appellant.

Court of Appeals of Kansas.

Opinion filed May 17, 1991.


Attorney(s) appearing for the Case

Joseph L. Dioszeghy, of Overland Park, for appellant.

Steven J. Obermeier and Debra A. Vermillion, assistant district attorneys, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, P.J., DAVIS and RULON, JJ.


BRAZIL, J.:

Floyd M. Nugent appeals his conviction of robbery, K.S.A. 21-3426, claiming the court erred by failing to suppress the victim's on-scene identification and all items seized from his van pursuant to a search incident to his arrest. Nugent claims that, although Officer Craig Caster may have had articulable suspicion to stop him, Caster's actions exceeded that of a stop pursuant to Terry v. Ohio, 392 U.S. 1, 20 L.Ed...

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