City of Leawood v. Puccinelli

No. 118,165 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CITY OF LEAWOOD, Appellee, v. ROBERT PUCCINELLI, Appellant. SYLLABUS BY THE COURT 1. Standard field sobriety tests are not searches under the Fourth Amendment to the United States Constitution or Section 15 of the Kansas Constitution Bill of Rights. 2. The voluntariness of consent to a search is a factual question that the district court determines. On appeal, we uphold its finding if it is supported by substantial evidence. 3. In this case, even if field sobriety tests were considered a search under Fourth Amendment standards, the…