State v. Schmitter

Wahl, J.:

Albert Schmitter appeals his conviction of one count of possession of cocaine in violation of K.S.A. 1994 Supp. 65-4160. He argues the court erred in denying his motion to suppress the evidence obtained during an allegedly illegal search.

The parties stipulated to the facts of this case in the district court and, thus, the facts on appeal are not controverted.

On October 8, 1994, two Topeka police officers assigned to the Street Crimes Action Team observed a car make a turn without using a turn signal. As their spotlight shone on the subject car, the officers could see that neither of…