Since the men and women who serve as judges attended law school, the question must be asked what these law schools are teaching. Or perhaps a better question would be, “with what are these law schools indoctrinating their students?” Far too often we learn of judicial decisions that make no sense, and we’re not talking only of the bizarre decisions federal judges have made regarding President Trump’s travel ban.
The courts have power because the people respect them and the executive branches enforce their decisions. Take these away, and the courts just turn into editorial departments. Sometimes it seems like that is the direction they wish to take.
More on page two.
take it to our new and improved supreme court
Just curious, how is it that this became a case before a judge in the first place. I seems that the officer did find contraband and was able to articulate the reason for his search well enough that it lead to an arrest and a conviction, therefore advancing through the system to Kansas Supreme Court. Sounds like the officer was correct in his assessment and there is a lot more to this that the simple reclined seat and torn bag. Perhaps one should look at the full case before lashing out as a social justice warrior.
Robert Wayne asset forfeitures should only work when a conviction has happened,not suspected .
Bull C**p post. Convicted felon driver turned through a corner gas station to avoid a light – violation. Driver and passenger had no seat belt – violation. Driver and passenger both had outstanding warrants. Officer found AK47 hidden in back – give that cop a medal!
http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2017/20170310/110439.pdf
Hand over that sack of potato chips.
Well I wish this arrival had given a citation so we could find the case easier…
This story is horse$#%&!@*.
Read the case this clearly a good stop and the evidence properly taken.
This is an inflammatory article that made no effort to report the actual facts. Any story that doesn’t give the citation of a court case is f**e news because they do not want you to check it out but rely on the horse$#%&!@*
The baggy was not torn the corner had been ripped off as is common for making bindles . The seat was leaned back after it was first stopped. The passengers were both arrested pursuant to warrants.
The search was clearly legal based on case law that has been the bright line rule for over thirty years.
A little snippet ..
on September 15, 2011, Police Officer Chad Loughman was near 7720 State Line Road in Prairie Village, Johnson County, Kansas, looking for drivers who would pull into a gas station parking lot to avoid a traffic light—a traffic violation in Prairie Village. Loughman observed Howard pull into the parking lot and then out of it, effectively avoiding the traffic light. Loughman also noticed that Howard and his passenger had the shoulder straps of their seatbelts behind them, leading him to believe that they were not properly wearing the belts.
Loughman pulled Howard over and asked for his identification. At this time, Loughman saw that the passenger had reclined her seat since he had first seen the vehicle. Loughman called in Howard’s identification to dispatch, which informed him that there was a warrant for Howard’s arrest from Leawood Municipal Court. After learning of the warrant, Loughman called for backup, and Sergeant James Carney came to the scene.
After Carney arrived, Loughman had Howard step out of the car and stand at the rear passenger’s door with Carney. Loughman then scanned the car, looking underneath Howard’s seat for a weapon. Loughman found no weapons but discovered a plastic baggie with a ripped out corner in the center console. Loughman then secured Howard in the back of Carney’s police car and told Howard he was being put under arrest pursuant to the Leawood warrant.
What’s wrong with sitting up straight in your seat? And maybe NOT having torn baggies? Seems pretty simple to me…
I’m sure he is.