Campbell v. Kansas Department of Revenue

Knudson, J.:

Todd L. Campbell appeals the district court’s judgment granting the Kansas Department of Revenue’s (KDR) motion for involuntary dismissal after Campbell had presented his evidence, the court concluding that “upon the facts and the law the plaintiff has shown no right to relief.” K.S.A. 60-241(b).

On appeal, Campbell argues the district court erred in concluding: (a) that as a matter of law the testing procedure used to determine the alcohol concentration in Campbell’s breath was reliable; (b) that Campbell was not subject to an illegal search and seizure, requiring suppression of…