Kansas Supreme Court: Consent to search can be non-verbal
November 15, 2020
TOPEKA, Kan. (AP) — An individual's conduct can be relevant in determining whether a person has expressed valid consent to search, the Kansas Supreme Court said in a decision reversing a lower court ruling suppressing evidence.
The ruling Friday came in the case of Gianni Massimo Daino, who allowed police to enter his apartment when he opened the door and stood aside for them to come in.
The appeals court reversed a Johnson County District Court ruling suppressing evidence after the warrantless search led to the discovery of marijuana and other incriminating evidence.
The Supreme Court...