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State v. Basurto

Supreme Court of Kansas
Dec 6, 1991
249 Kan. 584 (Kan. 1991)

Summary

upholding search of a shed in the backyard of a residence, observing "[t]here appears to be little doubt that a search warrant which describes only the residence of a defendant will authorize the search of any vehicles or buildings within the ‘curtilage’ of that residence"

Summary of this case from Hardin v. State

Opinion

No. 64,444

Opinion filed December 6, 1991.

MEMORANDUM OPINION

SEARCH AND SEIZURE — Search of Curtilage — Fourth Amendment Protection Applies.

Review of the judgment of the Court of Appeals in 15 Kan. App. 2d 264, 807 P.2d 162 (1991). Appeal from Sedgwick district court, RUSSELL CRANMER, judge. Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. Opinion filed December 6, 1991.

Geary N. Gorup, of Law Office of Geary N. Gorup, of Wichita, argued the cause, and Jack Focht, of Focht, Hughey, Hund Calvert, of Wichita, was on the brief for appellant.

Debra Byrd Wagner, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.


The opinion of the court was delivered by


After careful consideration of this case we adopt and affirm the decision of the Court of Appeals at 15 Kan. App. 2d 264, 807 P.2d 162 (1991).


Summaries of

State v. Basurto

Supreme Court of Kansas
Dec 6, 1991
249 Kan. 584 (Kan. 1991)

upholding search of a shed in the backyard of a residence, observing "[t]here appears to be little doubt that a search warrant which describes only the residence of a defendant will authorize the search of any vehicles or buildings within the ‘curtilage’ of that residence"

Summary of this case from Hardin v. State
Case details for

State v. Basurto

Case Details

Full title:STATE OF KANSAS, Appellee, v. MIGUEL A. BASURTO, Appellant

Court:Supreme Court of Kansas

Date published: Dec 6, 1991

Citations

249 Kan. 584 (Kan. 1991)
821 P.2d 327

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