State v. Murry

The opinion of the court was delivered by

Abbott, J.:

The State appeals on a question reserved, pursuant to K.S.A. 22-3602(b)(3), from a decision suppressing evidence of a blood sample taken from the defendant, John V. Murry, prior to his arrest.

On April 25, 1999, Murry was driving his vehicle in Ellsworth County, Kansas. His vehicle left the roadway and crashed into a culvert embankment. Murry was trapped in the vehicle and could not extricate himself. His vehicle was “totaled.” Ellsworth County Deputy Sheriff Jaime Montoy was called to the scene of the accident. Montoy followed Muriy to the…