The Kansas Supreme Court is set to hear a case originating in Harvey County. Scheduled for March 8, the court will be asked to determine if the district court should have denied a motion to suppress.
David S. Hanke filed the appeal. Hanke was charged with two drug charges in 2014, heard by Harvey County district court.
Following a bench trial, he was convicted of unlawful possession of a controlled substance, a level five drug felony. He was also convicted of possession of a controlled substance, a misdemeanor. The court sentenced him to probation on both counts.
According to the supreme court documents, Hanke's encounter with law enforcement began as a valid welfare check. He alleged that it became an illegal seizure when the officer requested and took possession of his driver's license. Hanke claimed this rendered his consent to search due to the coercive nature of the detention and ignorance of his right to refuse the officer's request.
According to the supreme court documents, the district court denied a motion to suppress the evidence. That action was affirmed by the Court of Appeals. The supreme court will rule on whether the district court made an error in denying Hanke's motion to suppress and whether Hanke freely and voluntarily gave consent to the search.
All supreme court dockets are broadcast live over the internet. To watch proceedings live online, follow the Watch Supreme Court Live! link from the court's website at www.kscourts.org.