State v. Spagnola

The opinion of the court was delivered by

Rosen, J.:

On review of an unpublished decision of the Court of Appeals, Shaun Eugene Spagnola seeks reversal of a conviction of possession of methamphetamine, arguing that the district court admitted evidence derived from an unlawful search of his pockets following a traffic stop. We conclude that the search was not consensual under the circumstances and violated the Fourth Amendment to the United States Constitution protection against unreasonable searches.

On June 3, 2007, Officer Aaron Jones of tire Topeka Police Department observed a car drive…