State v. McGinnis

The opinion of the court was delivered by

Nuss, J.:

The district court denied Stephen J. McGinnis’ motion to suppress and convicted him of felony driving under the influence and transporting an open container. After the Court of Appeals affirmed, we granted McGinnis’ petition for review under K.S.A. 20-3018(b).

The sole issue on appeal is whether the motion to suppress should have been granted, i.e., whether McGinnis’ initial contact with the deputy sheriff was a voluntary encounter or instead an investigatory detention unsupported by reasonable suspicion. We hold it was voluntary and affirm.

Fact…