The opinion of the court was delivered by
The issues for review relate to a car stop and the K.S.A.
22-2402 concept of "reasonable suspicion" prior to defendant
Timothy Potter's arrest.
Potter contends: (1) The arresting officer did not have
reasonable suspicion to stop the car as required by K.S.A.
22-2402; and (2) the stop, which resulted in his arrest, was
Potter was convicted of aggravated robbery, K.S.A. 21-3427. The
trial court denied Potter's pretrial motions to quash his arrest
and to suppress the evidence seized and the statements he made.
We affirm the trial court. The stop and the search that
followed were based upon reasonable suspicion. The provisions of
K.S.A. 22-2402 were not violated.
At approximately 2:00 a.m. on February 15, 1988, a convenience
store in north Sedgwick County was robbed by two men dressed in
camouflage suits and with black greasepaint on their faces.
Joseph Lang, a Sedgwick County deputy sheriff, received
the report of the robbery over his radio. Lang was assigned to
the southeastern part of Sedgwick County during the late night
hours of February 14 and the early morning hours of February 15.
Shortly before 4:00 a.m., Lang was patrolling the area of South
47th and Clifton when he noticed a Chevrolet Camaro which he
thought was "suspicious." He testified that the area of 47th and
Clifton had been subject to gas run-offs, vandalism, and auto
thefts. During a ten-minute period, Lang noticed a Camaro pass
through a Kwik Shop parking lot and drive through the parking lot
of a small shopping center several times. The Kwik Shop was open;
however, all the businesses in the shopping center were closed.
He also noted that the car circled around several other
businesses which were on the street. In Lang's opinion, the
persons in the vehicle were either lost or engaged in some type
of criminal activity.
Lang pulled up behind the vehicle as it turned onto a
residential street and noticed that the vehicle did not have a
license tag. Although the vehicle did have a piece of paper in
the rear window, the rear window was fogged over and, therefore,
he could not tell what the paper was. Lang turned on his red
lights and the vehicle pulled over. Lang testified that, although
a temporary permit is six inches wide, due to the slant of the
rear window of the Camaro, the slip of paper appeared to be only
two to three inches wide. As Lang approached the vehicle, he
discovered that the slip of paper was, in fact, a valid 30-day
permit. As he looked into the rear window, Lang noted that the
person in the back seat was wearing a camouflage outfit and had
black greasepaint on his face. Lang then noticed that the
individual seated in the front passenger seat was also dressed in
camouflage and had black greasepaint on his face.
Remembering the previous radio report, Lang stepped back from
the vehicle, drew his revolver, and told the occupants of the
vehicle to place their hands on the ceiling of the vehicle while
he called for backup. The previous radio report had stated that
the robbers were armed with a knife and what appeared to be a .22
Potter was identified by Lang as the person in the front
passenger seat of the car, dressed in a green camouflage shirt
and pants ...