The Kansas Supreme Court released the following published decision:
Appeal No. 114,143: State of Kansas v. David S. HankeKansas Court of Appeals decisions released today
The Supreme Court affirmed the Harvey County District Court's decision to deny Hanke's motion to suppress. Hanke was found asleep in a running van in a gas station parking lot around 2 a.m. The officer who checked on Hanke's wellbeing observed that Hanke was disoriented, had trouble focusing, and was slow to answer questions. This behavior, combined with the circumstances under which Hanke was found, led the officer to ask Hanke if he could search the van. Hanke consented, and the officer's search revealed methamphetamine, marijuana, and drug paraphernalia. The Supreme Court finds that the search of Hanke's van was supported by reasonable suspicion and affirms the convictions for possession of methamphetamine, marijuana, and drug paraphernalia.