STATE v. DIAZ-RUIZ

Nos. 100,926, 100,927.

211 P.3d 836 (2009)

STATE of Kansas, Appellant, v. Miguel DIAZ-RUIZ and Serafin Diaz-Gomez, Appellees.

Court of Appeals of Kansas.

July 17, 2009.


Attorney(s) appearing for the Case

Tony Cruz, assistant county attorney, and Steve Six, attorney general, for appellant.

Steven C. Staker, of North Central Regional Public Defender's Office, and Linda M. Barnes-Pointer, of Junction City, for appellees.

Before MARQUARDT, P.J., MALONE and CAPLINGER, JJ.


CAPLINGER, J.

The State appeals from the district court's order suppressing evidence discovered in the search of the defendants' vehicle following a traffic stop. Because we agree that the scope of the stop was unlawfully extended, and the subsequent consent to search was not sufficiently attenuated from the prior unlawful detention to purge the taint of the illegality, we affirm the suppression.

I. Factual and procedural background

The district...

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