A Kansas Driver pulled over in response to Officer's traffic stop of
a different vehicle (mistakenly thinking he was the target). When the
Driver got out of his truck and walked towards the Officer, the Officer
ordered him to get back in his vehicle. This order from the Officer effected
a seizure.
State v. Reiss, No. 102,071(Kan. App. Dec. 17, 2010) (Leben) (declining to decide "whether a person inadvertently stopped
by police has been seized," but noting Ninth Circuit case answering
in the negative).
Whether an encounter is voluntary is an objective question, and neither
the Defendant's nor the Officer's subjective belief that the Defendant
was free to leave is relevant.
State v. Moralez, No. 102,342 (Kan. App. Nov. 24) (Malone).
When you are charged with a
Kansas DUI or
Missouri DUI it is critical to have an experienced
DUI Defense Attorney look at the probable cause for the initial 'Traffic Stop', the
investigation, the
Field Sobriety Tests, and the arrest for the DUI charge. Speeding is
not an indicator of intoxication, neither are charges of 'Weaving Within
The Lane of Traffic', or 'Defective Tag Light'.
There are Police Officers in the Kansas City Metro Area who are assigned
to prosecuting only DUI cases. Their job is to stop your vehicle for
any reason, speeding, defective equipment, etc., in the expectation that
the encounter will turn into a DUI Arrest.
DUI charges can be challenged on many fronts, one of these being Unlawful
Police Stops. If you have been charged with DUI, in Kansas or Missouri,
contact our office immediately.