STATE v. McGINNIS

No. 99,217.

233 P.3d 246 (2010)

STATE of Kansas, Appellee, v. Stephen James McGINNIS, Appellant.

Supreme Court of Kansas.

June 4, 2010.


Attorney(s) appearing for the Case

Ryan J. Eddinger, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Gerald R. Kuckelman, county attorney, argued the cause, and Steve Six, attorney general, was with him on the brief for appellee.


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

The district court denied Stephen J. McGinnis' motion to suppress and convicted him of felony driving under the influence and transporting an open container. After the Court of Appeals affirmed, we granted McGinnis' petition for review under K.S.A. 20-3018(b).

The sole issue on appeal is whether the motion to suppress should have been granted, i.e., whether McGinnis' initial contact with the deputy...

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