State v. Daino

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,824 STATE OF KANSAS, Appellant, v. GIANNI MASSIMO DAINO, Appellee. SYLLABUS BY THE COURT 1. The Fourth Amendment to the United States Constitution and section 15 of the Kansas Constitution Bill of Rights prohibit unreasonable searches and seizures. 2. A warrantless search is presumptively unreasonable unless it falls within a recognized exception to the warrant requirement. Consent to search is one such exception. 3. The existence and voluntariness of a consent to search is a question of fact to be determined from the totality of the…