State v. Johnson, 42 Kan. App. 2d 799

Summary

The Kansas Supreme Court reviewed Vicki L. Johnson’s conviction for possession of cocaine and the denial of her motion to suppress evidence obtained during a warrantless search. The court held that although the officer had reasonable suspicion to take protective action after Johnson reached into her purse, searching the cigarette package exceeded the permissible scope of a Terry officer-safety search. The court reversed the conviction and remanded for further proceedings.

Holdings

1. Johnson could not present on appeal a suppression ground that she had not presented to the district court.
2. The totality of the circumstances gave Officer Tucker reasonable suspicion that an officer-safety search was necessary under K.S.A. 22-2402(2), including Johnson's disobedience of the order not to reach into her purse and the officer's experience with razors concealed in cigarette packages.
3. The search of the cigarette package was an impermissible warrantless search because, after the package was removed from Johnson's possession, the circumstances did not justify continuing to search it for officer-safety purposes.

Questions Presented

1. Whether Johnson could challenge on appeal the alleged dissipation of reasonable suspicion supporting the investigatory detention when that argument was not presented to the district court.
2. Whether the circumstances provided reasonable suspicion under K.S.A. 22-2402(2) to conduct an officer-safety search.
3. Whether the officer's search of the cigarette package and purse exceeded the permissible scope of a Terry officer-safety search after the cigarette package had been removed from Johnson's possession.

Disposition

reversed_and_remanded