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STATE v. HOECK

No. 95,830.

163 P.3d 252 (2007)

STATE of Kansas, Appellant, v. Tammy HOECK, Appellee.

Supreme Court of Kansas.

July 6, 2007.

Attorney(s) appearing for the Case

Ernest H. Richardson, special prosecutor, argued the cause, and Richard N. Raleigh, special prosecutor, and Phill Kline, attorney general, were with him on the brief for appellant.

Michael S. Holland, II, of Holland and Holland, of Russell, argued the cause, and Michael S. Holland, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

At the heart of this appeal is the issue of whether this court has correctly construed the holding in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677, reh. denied 468 U.S. 1250, 105 S.Ct. 52, 82 L.Ed.2d 942 (1984), establishing the good faith exception to the Fourth Amendment exclusionary rule. More specifically, has this court improperly restricted...

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