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State v. Daniel
State: Kansas
Court: Supreme Court
Docket No: 101622
Case Date: 11/19/2010
Preview:IN THE SUPREME COURT OF THE STATE OF KANSAS No. 101,622 STATE OF KANSAS, Appellee, v. CANDY S. DANIEL, Appellant.

SYLLABUS BY THE COURT 1. On a motion to suppress evidence, this court reviews the factual findings underlying the trial court's suppression decision using a substantial competent evidence standard and the legal conclusion drawn from those factual findings using a de novo standard. The court does not reweigh evidence.

2. Warrantless searches are considered unreasonable and invalid unless they fall within a recognized exception to the warrant requirement. It is the State's burden to demonstrate a challenged search was lawful.

3. Neither the Fourth Amendment to the United States Constitution nor
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