State v. Guy

Lockett, J.,

concurring: The United States Supreme Court, based on somewhat similar facts, determined that the governmental interest of effective crime prevention and detection underlies the recognition that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest. Where police officers observe individuals go through a series of acts, each of them perhaps innocent in itself, but which taken together warrant further investigation, a police officer may stop the individuals to investigate the possible criminal behavior. Terry v. Ohio, 392 U.S. 1, 22, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968).

I believe, based on the facts known by the law enforcement officers prior to the stop, the officers had a reasonable and articulable suspicion that the individuals had committed or were committing violations of the Kansas law, and that the officers acted within the statutory authority of K.S.A. 22-2402 when stopping the two suspects.

Because the stop was lawful and the evidence initially seized was in plain view, the trial court improperly suppressed the evidence.

McFarland, J., joins the foregoing concurring opinion.