STATE v. DeMARCO

Nos. 78,065, 78,066.

263 Kan. 727 (1998)

952 P.2d 1276

STATE OF KANSAS, Appellant, v. JOSEPH DeMARCO, Appellee. STATE OF KANSAS, Appellant, v. RAYMOND BENNICI, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1998.


Attorney(s) appearing for the Case

Joe Shepack, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Howard A. Sohn, of Miami, Florida, argued the cause and was on the brief for appellee DeMarco. Michael K. Sheahon, of Sweet & Sheahon, of Salina, argued the cause for appellee Bennici and was on the briefs for both appellees.


The opinion of the court was delivered by

SIX, J.:

This is a Fourth Amendment traffic stop search and seizure case. The question is whether the officer made a valid stop and, if so, whether he thereafter had reasonable and articulable suspicion that the defendants were engaged in illegal activity.

The State appeals dismissal of the complaints against defendants Joseph DeMarco and Raymond Bennici for possession of marijuana with intent to distribute...

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