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STATE v. MENDEZ

No. 86,751

275 Kan. 412 (2003)

66 P.3d 811

STATE OF KANSAS, Appellee, v. SAMUEL MENDEZ, Appellant.

Supreme Court of Kansas

Opinion filed April 18, 2003.

Attorney(s) appearing for the Case

Rick A. Kittel, assistant appellant defender, argued the cause and was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

In this appeal from the denial of a motion to suppress, we are asked to extend the emergency doctrine to include public service actions by law enforcement officers leading to the discovery of marijuana after an uninvited entry into a residence while taking a 16-year-old boy home in early morning hours after his vehicle had become disabled on Interstate 35 in Johnson County, Kansas.

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