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State v. Hardin

Court of Appeals of Kansas

June 21, 2013

State of Kansas, Appellee,
v.
Paul Hardin, Appellant.

SYLLABUS

1. In order to make a lawful investigatory stop of a vehicle on a public roadway, a law enforcement officer must have a reasonable suspicion that criminal activity has occurred, is occurring, or is about to occur.

2. The mere possibility that activity observed by a law enforcement officer may have a lawful explanation does not negate his or her reasonable suspicion of other equally plausible and unlawful scenarios.

3. When a law enforcement officer has information that a license plate observed on one vehicle is registered to another vehicle, the proper inquiry is whether the officer would reasonably suspect a motorist of criminal activity for driving with an improper license plate.

4. Evidence of other crimes discovered as a result of a lawful vehicle stop based on reasonable suspicion of a license plate violation may be admissible even though the license plate is subsequently determined to be proper.

5. A party may not object to the admission of evidence on one ground at trial and then assert another ground on appeal.

Appeal from Sedgwick District Court; Gregory L. Waller, judge.

Christopher S. O'Hara, of O'Hara & O'Hara, LLC, of Wichita, for appellant.

Matt J. Maloney, assistant district attorney, Nola Tedesco Foulston, district attorney, and Derek Schmidt, attorney general, for appellee.

Before Leben, P.J., Bruns, J., and Hebert, S.J.

Hebert, J.

Paul Hardin appeals his conviction of driving under the influence, second offense. Specifically, Hardin appeals the district court's denial of his motion to suppress evidence obtained as a result of an allegedly illegal stop of his vehicle, which ultimately led to his arrest and conviction.

Hardin argues that the law enforcement officer did not have a reasonable suspicion to justify stopping him because, even though the license plate displayed on his car was registered to another car, he had lawfully ...


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