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STATE v. MORALEZ

No. 102,342.

300 P.3d 1090 (2013)

STATE of Kansas, Appellee, v. Joseph MORALEZ, Appellant.

Supreme Court of Kansas.

May 17, 2013.

Attorney(s) appearing for the Case

Michael J. Bartee , of Michael J. Bartee, P.A., of Olathe, argued the cause and was on the brief for appellant.

Jason E. Geier , assistant district attorney, argued the cause, and Natalie Chalmers , assistant district attorney, Chadwick J. Taylor , district attorney, and Steve Six , attorney general, were with him on the brief for appellee.

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

During what began as a voluntary encounter, two law enforcement officers retained Joseph Moralez' identification card and detained him while conducting a warrants check, all without any reasonable suspicion of criminal activity by Moralez. After discovering an outstanding warrant for Moralez, officers arrested Moralez and seized marijuana from his pocket. The State charged Moralez with felony possession of marijuana...

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