State v. Daino
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The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the judgment of the district court granting Defendant's motion to suppress all evidence seized as a result of a warrantless search of his apartment, holding that Kansas law does not foreclose consent through nonverbal conduct.
Defendant was charged with several drug-related offenses. Defendant filed a motion to suppress, arguing that he did not validly consent to the warrantless search of his apartment because he did not verbally agree to let the officers enter. The district court granted the motion. The court of appeals reversed, finding that Defendant had affirmatively communicated to the officers that they could enter his apartment. At issue on appeal was whether nonverbal conduct can establish valid consent. The Supreme Court held that it can, holding (1) an individual may express valid consent through words, acts, or conduct, and an individual's nonverbal conduct can be relevant in determining whether this standard has been met; and (2) the matter must be remanded for a new hearing under the appropriate legal standards.
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