STATE v. SPAGNOLA

No. 101,521.

289 P.3d 68 (2012)

STATE of Kansas, Appellee, v. Shaun Eugene SPAGNOLA, Appellant.

Supreme Court of Kansas.

December 7, 2012.


Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

Jodi E. Litfin , assistant district attorney, argued the cause, and Natalie Chalmers , assistant district attorney, Chadwick J. Taylor , district attorney, Steve Six , former attorney general, and Derek Schmidt , attorney general, were on the briefs for appellee.


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

On review of an unpublished decision of the Court of Appeals, Shaun Eugene Spagnola seeks reversal of a conviction of possession of methamphetamine, arguing that the district court admitted evidence derived from an unlawful search of his pockets following a traffic stop. We conclude that the search was not consensual under the circumstances and violated the Fourth Amendment to the United States Constitution protection...

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