State v. Guein

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 115,426 STATE OF KANSAS, Appellee, v. MARCUS THIASEN GUEIN JR., Appellant. SYLLABUS BY THE COURT 1. The Fourth and Fifth Amendments to the United States Constitution provide occasionally overlapping, but nevertheless distinct, protections. Under the Fourth Amendment, a person is protected from unreasonable searches and seizures. But under the Fifth Amendment a person's privilege against self-incriminating statements is the privilege being protected. 2. Under the Fifth Amendment, statements stemming from custodial interrogation must be excluded…