City of Wichita v. Molitor

I agree with the portion of the majority’s opinion holding it was error to allow the State to rely on the horizontal gaze nystagmus (HGN) test results to establish reasonable suspicion for the officer’s request for a preliminaiy breath test (PBT) because the State has not established the test’s reliability as required by State v. Witte, 251 Kan. 313, 836 P.2d 1110 (1992). But I disagree with what the majority characterizes as a harmless error analysis in which the majority concludes the remaining evidence failed to independently establish the required reasonable suspicion to satisfy K.S.A.…