State v. Tinsley

Rulon, J.:

Everett Tinsley, defendant, appeals his jury conviction of possession of marijuana with the intent to sell, K.S.A. 1990 Supp. 65-4127b(b)(3), contending the district court erred in failing to suppress evidence.

We conclude the findings of the district court supporting its decision not to suppress the evidence are based upon substantial evidence, and we will not substitute our view of the evidence for that of the district court. State v. Brunson, 13 Kan. App. 2d 384, 389, 771 P.2d 938, rev. denied 245 Kan. 786 (1989). In so holding, we adopt the “open fields exception” to the Fourth…