Legal Opinion

State v. Wissing

Court of Appeals of Kansas

Decided July 29, 2016No. 115235Published

1Opinion of the Court

No. 115,235 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. JONATHAN R. WISSING, Appellee. SYLLABUS BY THE COURT 1. The State bears the burden to prove the lawfulness of a search or seizure challenged in a motion to suppress evidence. 2. When reviewing a district court's decision on a motion to suppress evidence, we use a bifurcated standard, reviewing the district court's factual findings for substantial competent evidence and the ultimate legal conclusion drawn from those facts de novo. 3. Once an officer is authorized to arrest a person, it is lawful for the…

2Cases cited24 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. RobinsonSupreme Court of the United States · 1973
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. Arizona v. GantSupreme Court of the United States · 2009

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