State v. Kirby

Briscoe, J.:

Defendant, Greg Kirby, appeals his conviction on one count of burglary (K.S.A. 21-3715) and one count of theft (K.S.A. 1986 Supp. 21-3701).

Defendant contends the trial court erred (1) in denying defendant’s motion to suppress evidence which was seized; and (2) in denying defendant’s motion to suppress' his confession. Defendant argues the court should have suppressed the evidence because it was obtained pursuant to an illegal stop and as a result of an illegal search and seizure. He argues his subsequent confession was also tainted by the illegal search and seizure.

In the early…