State of Kansas v. Patrick Nolan Schwartz

Kingman, Kansas criminal defense lawyer represented the Defendant charged with DUI.



After a bench trial on stipulated facts, the Kingman County District Court found Patrick Nolan Schwartz guilty of driving under the influence of alcohol. Before trial, Schwartz moved to suppress evidence from the stop, arguing that the officers lacked reasonable suspicion to stop him. The district court denied that motion, both before trial and again when the motion was renewed at trial. Schwartz now appeals, claiming the district court erred by denying the motion to suppress.



* * *



CRIMINAL LAW. DRIVING UNDER THE INFLUENCE. The case addresses whether the officers had reasonable suspicion to justify the stop and arrest of the appellant for DUI based on his actions and statements overheard via a phone call, in addition to his evasive behavior, despite not observing any traffic violations.



CONSTITUTIONAL LAW. FOURTH AMENDMENT - SEARCH AND SEIZURE. The appeal involves the denial of a motion to suppress evidence on the grounds that the officers conducted an investigatory stop based on reasonable suspicion of DUI, examining the application of the Fourth Amendment's protections against unreasonable searches and seizures without a warrant.



Key Phrases Driving under the influence. Reasonable suspicion. Motion to suppress. Totality of circumstances. Evasive behavior.

Affirmed