Logan Brown, an associate at Maughan & Maughan Law, obtained a dismissal of the misdemeanor possession of a concealed weapon charge against his client. The dismissal follows the filing, and litigation ,of a motion to suppress evidence after an illegal traffic stop conducted by the members of the Wichita Police Department. The defendant had been detained by law enforcement after a police officer observed his vehicle leave its lane of traffic briefly before returning to its lane. Logan arged that, in accordance with the recent decision from the Kansas Court of Appeals in State v. Ross., (Court of Appeals Docket # 94,503, opinion issued January 17, 2007) which held that a brief divergence from a lane of traffic is not necessarily a violation of Kansas law unless there is evidence that it is unsafe to do so. In Logan's case, there was no evidence that it was unsafe for the vehicle to deviate from its lane of traffic. The Court agreed that there was no violation of law which justified the defendant's seizure by law enforcement. Accordingly all evidence found as a result of the illegal seizure was found to be inadmissible in court. As a result the prosecutor dismissed the charges against our client.
As a side note, the victory in court ultimately heleped preserve the defendant's second amendment right to bear arms. The client's firearm was returned to him.
Logan won this victory while representing an indigent client in Wichita Municipal Court where Logan serves as a public defender.
Congratulations Logan.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment