STATE v. VISTUBA

No. 67,267

251 Kan. 821 (1992)

840 P.2d 511

STATE OF KANSAS, Appellant, v. KENNETH J. VISTUBA, Appellee.

Supreme Court of Kansas.

Opinion filed October 30, 1992.


Attorney(s) appearing for the Case

Thomas J. Drees, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

No appearance by appellee.


The opinion of the court was delivered by

SIX, J.:

This is a first impression vehicle "safety stop" case. The issue is whether a law enforcement officer is justified in stopping a vehicle based on specific and articulable observations of erratic driving which could reasonably lead to an officer's belief that the driver is falling asleep. The reason for the stop is the safety of the driver and other highway users.

The State appeals the dismissal of...

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