Legal Opinion · Dissent

State v. Daniel

Supreme Court of Kansas

Decided November 19, 2010No. 101,622Published

1DissentJohnson, J.

The majority makes a facially seductive case for expanding the scope of the good-faith exception to the exclusionary rule in this state to permit the admission of illegally obtained evidence where the law enforcement officer is deemed to have reasonably rebed on a statutory provision. However, I do not believe that we are bound to make such an exception for statutory rebanee, simply because the United States Supreme Court has recognized it, and I would not do so. Further, under the facts of this case, I submit that the law enforcement officer was not relying on a statutory provision but…

2Cases cited8 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. New York v. BeltonSupreme Court of the United States · 1981
  4. Arizona v. GantSupreme Court of the United States · 2009
  5. Illinois v. KrullSupreme Court of the United States · 1987

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