State v. Perkins

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 112,449 STATE OF KANSAS, Appellee, v. DUSTIN DEAN PERKINS, Appellant. SYLLABUS BY THE COURT 1. Neither the Fourth Amendment to the United States Constitution nor § 15 of the Kansas Constitution Bill of Rights addresses the proper remedy for a warrantless search; the exclusionary rule is a judicially created remedy designed to deter unlawful searches and seizures by prohibiting the prosecution's use of unconstitutionally obtained evidence. 2. Ordinarily, issues not raised before the trial court cannot be raised on appeal. There are three…