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STATE v. SMITH

No. 96,189.

184 P.3d 890 (2008)

STATE of Kansas, Appellant, v. Lacey Rana SMITH, Appellee.

Supreme Court of Kansas.

May 30, 2008.

Attorney(s) appearing for the Case

Larry R. Schwartz, of Arkansas City, was on the brief for appellee.

James R. Spring, deputy county attorney, Christopher Smith, county attorney, and Phill Kline, attorney general, were with him on the brief for appellant.

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

In Muehler v. Mena, 544 U.S. 93, 125 S.Ct. 1465, 161 L.Ed.2d 299 (2005), the United States Supreme Court held that law enforcement officers could ask questions unrelated to the purpose of a search when executing a warrant authorizing the search of a residence. This case raises the question of whether that decision alters our longstanding rule that a law enforcement officer...

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