STATE v. JOHNSON

No. 100,728.

217 P.3d 42 (2009)

STATE of Kansas, Appellee, v. Vicki L. JOHNSON, Appellant.

Supreme Court of Kansas.

October 9, 2009.


Attorney(s) appearing for the Case

Randall L. Hodgkinson and Sean G. Wittmore, legal intern, of Kansas Appellate Defender Office, for appellant.

Julie A. Koon, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee.

Before RULON, C.J., ELLIOTT and HILL, JJ.


RULON, C.J.:

Defendant Vicki Johnson appeals her conviction of possession of cocaine, challenging the district court's denial of defendant's motion to suppress. Because we conclude the police officer's search in this case went beyond the scope justified by officer safety concerns, we reverse the defendant's conviction and remand the case for further proceedings.

Officer Shannon Tucker was dispatched to an apartment in Wichita for a burglary in progress. The...

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