State v. Guein

I would affirm the lower courts' decisions to allow Guein's pre- Miranda statements into evidence. As such, I dissent from the portion of today's decision ordering the suppression of that evidence. In my view, the Court of Appeals correctly applied the Lewis factors and concluded that "this portion of the encounter was much like a traffic stop, ordinarily considered an investigatory detention not requiring Miranda warnings." State v. Guein , 53 Kan. App. 2d 394, 405, 388 P.3d 194 (2017) ; see State v. Lewis , 299 Kan. 828, 835, 326 P.3d 387 (2014) (listing eight "[f]actors to consider in…