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. StateOpinion
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).