Opinion
No. 109,118.
2014-08-29
STATE of Kansas, Appellee, v. Santine WHITE, Appellant.
Since the facts alleged by White in his motions, which the State did not dispute, would support a finding that the stop was unreasonably prolonged, as a matter of law the State failed to meet its burden to prove the lawfulness of the stop. For these reasons in addition to those stated by the majority, I would reverse White's convictions and remand the case to the district court with directions to suppress the cocaine evidence. See Jones, 47 Kan.App.2d at 873, 280 P.3d 824 (remand for new suppression hearing inappropriate where State had adequate opportunity to explain basis for vehicle stop); State v. Saucedo, No. 106,742, 2012 WL 3290010 (Kan.App.2012) (unpublished opinion) (reversing defendant's convictions and remanding with directions to suppress evidence after finding that State failed to meet its burden to prove lawfulness of seizure).