STATE v. MARX

Nos. 98,059, 98,060.

171 P.3d 276 (2007)

STATE of Kansas, Appellant, v. Peter J. MARX, Appellee. State of Kansas, Appellant, v. Desiree M. Marx, Appellee.

Court of Appeals of Kansas.

October 26, 2007.


Attorney(s) appearing for the Case

Vernon E. Buck, assistant county attorney, Marc Goodman, county attorney, and Paul J. Morrison, attorney general, for appellant.

Stephen J. Atherton, of Atherton & Huth, of Emporia, for appellee Desiree M. Marx.

Don C. Krueger, of Emporia, for appellee Peter J. Marx.

Before GREENE, P.J., MALONE and LEBEN, JJ.


MALONE, J.

The State of Kansas appeals the district court's decision granting motions to suppress evidence arising from a vehicle stop. This is a consolidated appeal involving codefendants, Peter J. Marx and Desiree M. Marx. The district court suppressed the evidence because it found the vehicle stop was unlawful. We agree with the district court's finding that the vehicle stop was not justified as a public safety or community caretaking stop. However, we disagree...

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