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STATE v. MARX

Nos. 98,059, 98,060.

215 P.3d 601 (2009)

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

Supreme Court of Kansas.

September 18, 2009.

Attorney(s) appearing for the Case

Vernon E. Buck, first assistant county attorney, argued the cause, and Marc Goodman, county attorney, and Paul J. Morrison, attorney general, were with him on the brief for the appellant.

Stephen J. Atherton, of Atherton & Huth, of Emporia, argued the cause, and Don C. Krueger, of Emporia, was with him on the brief for the appellants.

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

Peter and Desiree Marx seek review of the Court of Appeals' reversal of the district court's suppression of evidence obtained during a traffic stop detention. The reversal was based on the Court of Appeals' determination that the initial traffic stop was lawful because the detaining officer had a reasonable suspicion that the vehicle driver had violated K.S.A. 8-1522. The State cross-petitions for review of the...

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