State v. Cooper

Gerald Leon Cooper was convicted by a jury of the crime of burglary (K.S.A. 21-3715). On appeal the defendant contends the trial court erred in admitting into evidence the exhibits and items taken from the defendant at the time of his arrest because said items were taken as a result of an illegal search and seizure following an illegal arrest in the State of Oklahoma and that there was insufficient foundation presented for the admission of such items into evidence at trial.

Around 2:00 A.M. on September 15, 1971, a grocery store in Kismet, Kansas, was burglarized. Two witnesses saw a pickup…