(Download) "State v. Epperson" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Epperson
- Author : Supreme Court of Kansas
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is an interlocutory appeal by the State in a criminal case
from the order of the trial court suppressing evidence. The Court
of Appeals, in a per curiam unpublished opinion, affirmed the
trial court's decision under Rule 7.042 (b), (d) and (e) (235
Kan. lxxiv). We granted the State's petition for review. The relevant facts are not in dispute. On Sunday, June 19,
1983, shortly after 2:00 o'clock a.m., Officer Harrison of the
Wichita police was on routine patrol. He was driving a marked
police vehicle and he was in uniform. There was a problem with
burglaries in this particular area, and the officer drove down an
alley, checking the rear entrances of various business
establishments for signs of forcible entry. He noticed nothing
unusual. As he emerged on Mt. Carmel Street, he saw a black BMW,
an expensive automobile, legally parked, facing the north. He saw
that the car was occupied by two men, later identified as the
defendants Epperson and Auerbach. When the occupants saw the
patrol car, they appeared startled and the passenger made a quick
reach to the floorboard area and then straightened back up. The
officer pulled out of the alley as quickly as possible and parked
in the middle of the street near the BMW. The occupants had
emerged from their car and were just starting to walk away.
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