Recently, the Kansas Supreme Court reversed the conviction of Ms. Ruby Thomas. Ms. Ruby Thomas was represented on appeal by Carl Folsom, III, of Bell Folsom. Reversing the lower courts, the Supreme Court found Ms. Thomas’s Fourth Amendment protection against unlawful search and seizure had been violated.
In State v. Thomas, an officer approached Ms. Thomas because he believe she was someone else. After discovering he was mistaken, the officer assured Ms. Thomas that she was in no trouble, but asked if she would fill out a field interview card. After a second assurance that she was not under arrest, Ms. Thomas filled out the card and said good-bye to the officer.
When Ms. Thomas had not walked more a couple yards from the officer, he called out to her and requested to ask her more questions. She initially agreed and the officer began to repeatedly asked her about her past and present drug use. While Ms. Thomas denied that she was using drugs, the officer continued to berate her. Using his shoulder radio, he requested back-up. Finally, after the continuous questioning and request for back-up, Ms. Thomas admitted she was in possession of two crack pipes.
On appeal, Ms. Thomas argued that the second encounter with the officer was an “involuntary, investigatory detention unsupported by reasonable suspicion of criminal activity.” State v. Thomas, No. 98,123, slip. op. at 8 (Kan. 2010). The Supreme Court agreed that the combination of the questions and the request for back-up constituted an investigatory detention. Moreover, the Court concluded the officer was “unable to articulate more than a inchoate and unparticularized suspicion or hunch that Thomas was involved in criminal activity.” slip. op. at 17. As a result. the investigatory detention was not supported by reasonable suspicion and the crack pipes found should have been suppressed.
This was a big win in front of the Supreme Court for Mr. Folsom. Often, an officer will trick a person into thinking they’re not allowed to leave, when actually the person could just walk away if they wanted. If you’re unsure of your rights under the Fourth Amendment, contact an aggressive, experienced trial attorney.