Legal Opinion
State v. Vistuba
Supreme Court of Kansas
Decided October 30, 1992No. 67,267PublishedCited by 44 opinions
1Opinion of the Court
The opinion of the court was delivered by
Six, J.:
This is a first impression vehicle “safety stop” case. The issue is whether a law enforcement officer is. justified in stopping a vehicle based on specific and articulable observations of erratic driving which could reasonably lead to an officer’s belief that the driver is falling asleep. The reason for the stop is the safety of the driver and other highway users.
The State appeals the dismissal of a complaint charging Kenneth J. Vistuba with driving while under the influence (DUI) (K.S.A. 8-1567).
Our jurisdiction is under K.S.A. 22-3602(b)(l)…
2Cases cited9 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Cady v. DombrowskiSupreme Court of the United States · 1973
- State v. EppersonSupreme Court of Kansas · 1985
- State v. PinkhamSupreme Judicial Court of Maine · 1989
- State v. McKeownSupreme Court of Kansas · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- United States v. Terry King and Valerie Jean BurdexCourt of Appeals for the Tenth Circuit · 1993
- United States v. OzbirnCourt of Appeals for the Tenth Circuit · 1999
- Rowe v. StateCourt of Appeals of Maryland · 2001
- United States v. Zubia-MelendezCourt of Appeals for the Tenth Circuit · 2001
- State v. FieldSupreme Court of Kansas · 1993
39 more not listed; retrieve them via the Exa API.