State v. Delgado

Knudson, J.:

Carlos F. Delgado appeals from his convictions for possession of marijuana, possession of marijuana without tax stamps, and possession of drug paraphernalia following a bench trial on stipulated facts. The issue on appeal is whether the district court erred in denying Delgado’s motion to suppress evidence obtained from tire search of a vehicle in which he was a passenger.

We affirm.

On October 1, 2004, at approximately 3 a.m., Officer Brandon Huntley was parked in a police car in the median of 1-135 near Newton, Kansas. He saw an approaching northbound car, and he thought its right…