Author Archives: «Monnat & Spurrier»

• Jul 01, 2015
• KSN TV
• -
• by Craig Andres

WICHITA – North of Wichita on Interstate 135, you may see the signs this week.

The signs say Drug Check Lane Ahead and Drug Dog In Use.

Civil rights attorneys call the check lanes fake, and they call them a violation of the 4th amendment. They also say, if you see one, you are not required to stop.

“It’s a ruse,” explains Wichita attorney Dan Monnat. “They’re trying to pull people over, and this is separate from DUI road stops that have been deemed legal by the courts.”

Monnat and other attorneys specializing in civil rights say police can legally do road blocks with DUI checkpoints. But not to search for drug traffic.

They say so-called drug check lanes have been through the courts and Monnat says drug check lanes are a legal gray area at best.

Still, officers with the Kansas Highway Patrol and Sedgwick County have been conducting the drug check lanes this week. When you drive past the signs on the Interstate, there is no roadblock. But, KSN found that when you pull off the interstate at the drug check lane exit, sometimes officers at that location will follow you.

“Of course any citizen can be pulled over by a law enforcement officer for an actual petty traffic offense,” says Monnat. “However, no law enforcement officer has a right to fabricate a traffic offense that did not occur just to justify a seizure or search the officer wants to conduct.”

Lin Dehning, a spokesperson for Sedgwick County, talked about sheriff’s deputies being involved in the operation.

“I can’t comment on the checkpoint being run by the Kansas Highway Patrol,” said Dehning. “But our deputies still need reasonable suspicion to stop a vehicle just as they would for any other vehicle stop.  Participating in an operation like that does not relieve our deputies of that responsibility/requirement.”

Dan Monnat explains, if you get pulled over in a drug check lane, you do have rights. He says you do not have to consent to a search of your car.

“If you are stopped by an officer, of course, be respectful. If you believe you are being detained without justification you should ask the officer if you are free to leave or if you are being detained,” explains Monnat. “If the officer says you are free to leave, you are free to leave.”

Monnat says his office has received complaints in the past about the drug check lanes.

When asked about specific legality of drug check lanes, Monnat explains those drug check lanes appear to be a violation of the 4th amendment in regards to legal search and seizure.

“If you are not being detained within the search and seizure provisions of the constitution, (then) if the officer asks you to consent to a search of your motor vehicle, you are absolutely free to decline to consent to such a search,” explains Monnat. “What the officer then does is up to the officer and it requires the officer to determine if he has probably cause or reasonable grounds under the constitution to justify a search of your car.”

KSN also asked about the drug dogs in use.

“Officers will use drug dogs to walk around your car to see if the dog smells drugs,” says Monnat. “If the dog gets a hit, then they search your car under probable cause.”

And Monnat says if officers believe there is something illegal in your car, and you decline a search, a search warrant may be required to look inside your car.

“An officer can only search your car if he has probable cause to believe that you are committing a crime and the evidence of the crime is within the car,” says Monnat. “In order to search your car, an officer always has to have probable cause, unless you consent to a search and give up your right to be free from government searches and seizures.”

Monnat says the drug check lane idea has been through the courts, and he points to a case before the U.S. Supreme court called Indianapolis v Edmond from the year 2000.

Supreme Court justices voted 6-3 that drug check lanes are not legal.

“If they say drug check lane ahead, it’s false,” says Monnat. “Because the courts have ruled on this being a violation of the 4th amendment.”

You can read the case of City of Indianapolis v Edmond from the UMKC school of Law in Kansas City, Missouri, here (http://www1.law.umkc.edu/suni/Criminal_Procedure_I/Edmond.htm)

KSN reached out to the Kansas Highway Patrol for comment. The Wichita area spokesman for KHP is not in the office this week. A KHP officer did stop by KSN studios in the afternoon, but was not authorized to talk about the drug check lanes.

KSN TV – By Craig Andres

• May 12, 2015
• KWCH.com

HILLSBORO, Kan. – Parents in Hillsboro are upset after learning a convicted sex offender worked in the same building as a daycare. The Kids Connection Daycare is located inside The Hillsboro Mennonite Brethren Church but the two entities are separate.

The janitor, who has since resigned, was convicted of sex crimes against a 15-year-old more than 20 years ago when he was in his 40s.

While Kansas law prohibits sex offenders from working or regularly volunteering for daycares, the church says it did not violate any laws because the janitor worked for it, not the daycare.

The church hired the sex offender to work as a janitor, but former employees at the daycare say he regularly visited their facility to help fix broken equipment or tend to the restrooms.

Parents with kids at the daycare called Eyewitness news with questions about the perceived loophole.

Dan Monnat is a defense attorney based out of Wichita, answered some of those questions. Monnat is not representing any of the parties in this story but he shared his legal opinion on the situation.

“Well I suppose some people could say there is a loophole in the law because the daycare facility, although completely separate from the church, was attached to the church. But you could also say there is a loophole in the law because the sex offender is allowed to walk down the sidewalk or allowed to deliver pizza or mail or hand bills to the address of the daycare facility,” Monnat said.

Monnat also says the legality of the sex offender’s presence near the daycare depends on how often he helped fix items at the daycare. If the visits were regular that would violate Kansas law, but if they were sporadic then they may not violate the law.

Monnat says this discrepancy isn’t technically a loophole. He says if people don’t like it they should petition lawmakers to draft new legislation that would dictate more clearly where and with whom sex offenders can work.

See full video at KWCH.com

KWCH TV

• Mar 16, 2015
• KSNW TV
• -
• by Chris Arnold

EL DORADO, Kan. — A transitional home for the homeless will not be built in El Dorado, at least not right now.

The petition for a special permit to put the facility in residential neighborhood was withdrawn by the Butler Homeless Initiative after an intense public meeting tonight.

The El Dorado City Commission heard from those who were for and against having the facility in a home, located at 131 N. Star Street.

Melody Gault, with BHI, pointed to the need for transitional housing in El Dorado and said having the facility at that location could positively affect the nearby homes.

“We believe with BHI purchasing this property and making the necessary upgrades, the property values in the neighborhood could actually increase, rather than decrease,” said Gault.

However, some property owners didn’t agree.

“I believe my property value will plummet $27,500, the price I paid for it as a foreclosed property,” said Leon Cain, Owner of River Valley Properties.

So KSN asked what rights do homeowners have when it comes to this.

“Homeowners have rights with respect to their neighbors under existing zoning and land use laws,” said Dan Monnat, KSN Legal Analyst.

Monnat says while the residents do have these rights, they don’t classify to a resident using them solely to protect their property values.

“Such laws can’t be used as instruments of discrimination overtly or covertly under the guise of protecting land values,” said Monnat.

City Commissioners did stress at the end of the meeting that they aren’t against having more transitional homes for the homeless.

They said they do need to look into a location that won’t negatively affect its residents.

Last May, the same permit was didn’t receive enough votes from commissioners,  after BHI had tried to put a shelter at an abandoned motel site in El Dorado.

KSNW TV – By Chris Arnold

• Feb 19, 2015
• KSNW TV
• -
• by Lindsay Cobb

WICHITA – There’s a new push by Kansas college students to flag students kicked out of school for things like sexual assault.

Student government groups from WSU and six other state schools are hoping to convince the Board of Regents to require student transcripts to track what kind of behavior led to suspension or expulsion making everyone more aware of any potential safety threats on college campuses.

“This year, national headlines have been focused on sexual assault and what universities can do to prevent that and create a better, safer environment,” said Matthew Conklin, WSU Student Body President.

For the Student Advisory Committee that includes disclosure of just what led to the student’s expulsion or suspension.

“It’s risk assessment, its risk management,” said Vice President of Student Affairs Dr. Wade Robinson. “For us it’s simply about knowing the background of the students and being fully informed about what they’re bringing to the campus.”

If approved the student’s transcript would make it clear why someone was punished for a non-academic violation, whether it was for sexual assault, threats, or violence.  It would also require written approval from the Chief of Student Affairs Officer at each school.

Defense Attorney Dan Monnat applauds the efforts being made, but says the better way to flag criminals is for universities to be pro-active in seeking criminal charges against suspects.

“That person will be required to register as a sex offender, something obviously more effective than requiring to be branded on a college transcript.” Monnat said.

For students like Conklin, he hopes this is the start of a much-needed discussion.

“We want to be proactive in Kansas, bringing this to the highest level of governance we can, and kind of set an example,” he said.

Right now the coalition of student governments is working to approve the resolution, so they can pass it on to the Board of Regents for their consideration

KSNW TV – By Lindsay Cobb

• Feb 04, 2015
• KAKE TV
• -
• by Monica Castro

WICHITA, Kan. — Dallas Cowboys running back and Wichita native Joseph Randle was arrested in Wichita earlier this week, police said.

Officers responded to a domestic violence call in the 700 block of South Main at about 3:00 a.m. Tuesday morning. Police said a 22-year-old woman reported she and Randle were arguing in a hotel room. The couple has a child together, and she told police she was at the hotel so Randle could see the child.

Officers found marijuana in the room, and issued a Notice to Appear citation to Randle. He was given a court date on a misdemeanor drug charge.

Randle denied to KAKE News Wednesday night domestic violence was part of the case. He also offered a short comment on Twitter, without referring to the case directly: “Back to the basics…. FAITH FAMILY & FOOTBALL.”

On Twitter, his NFL agent Erik Burkhardt wrote,

“Joseph Randle was NOT arrested. He was cited with a ticket, and the police officer then left his hotel room.”

“There was zero “violence” of any kind, domestic or otherwise. He was asking three people to exit his room who didn’t want to leave.

“It was loud. Cops were called. Ticket issued. People and officer left. He went to bed.”

Wichita Police also issued a response, saying it was an arrest:

“Recently some questions have been raised about the difference between a Notice to Appear (NTA) and an arrest. An NTA is basically a citation for a misdemeanor crime. It is technically an arrest and an arrest report is filled out but the person isn’t booked into jail. The person is released with an agreement to appear for a set court date. This helps reduce overcrowding and jail expenses. It is common practice for certain non-violent misdemeanor crimes such as shoplifting and possession of marijuana.

Randle, a former Southeast High standout, was previously arrested in October, 2014 for shoplifting underwear and cologne from a Dallas area mall.

A local attorney, Dan Monnat, says because Randle is an NFL star it’s easy for the public to make assumptions. “When an NFL player is involved, that we or the public, not leap to any conclusion that’s not justified by any evidence known to us.”

KAKE TV – By Monica Castro

• Feb 02, 2015
• KSN TV
• -
• by Brittany Glas

WICHITA, Kansas – KSN is working to learn more about the investigation into the city’s most recent murder case.

Wichita Police confirmed Sabryna Guerrero-Newman, 23, was shot and killed on Friday.

The initial disturbance call, regarding the missing persons-turned-murder case, came in Friday at 8 a.m. Wichita police were asking for help from the public in locating Newman, her boyfriend, and her vehicle by 10 a.m.

It was only one hour later, around 11 a.m., that the now suspect in the case, 22-year-old Darnell Hall, had been taken into custody.

Approximately 2:45 p.m., Newman’s vehicle was discovered by police officers driving on I-35. Her vehicle was located near the intersection of 19th and Hydraulic. Newman’s body was found inside the vehicle.

KSN is asking questions about the quick investigation that led police to Hall Friday morning after receiving reports that cell phone technology helped Wichita Police in Friday’s investigation.

While WPD is not talking publicly about the specifics that led them to Darnell Hall Friday near the Dillon’s at the intersection of Edgemoor and Harry Street, we do know that cell phone technology has been helpful in several recent cases.

KSN’s Brittany Glas sat down with local legal experts to learn more about the GPS tracking technology.

“There are times when the police must act very, very swiftly in order to save a person. It’s a life or death situation,” said former Sedgwick Co. District Attorney Nola Foulston.

“It may be a lifesaver for them to track [him or] her GPS somehow,” she continued.

Lawfully using GPS technology, however, isn’t cut and dry when it comes to privacy laws.

“Fourth amendment reasonableness is always a balancing act between the citizen’s right to privacy and the community or law enforcement’s need for the information,” explained legal analyst, Dan Monnat.

Legal experts tell KSN News that acquiring a search warrant, is often considered the safest bet.

“When the district attorney looks at these kind of cases, we’re always going to look to, did you get a warrant?” said Foulston. “What are the circumstances under which this capture of information occurred?”

In general, Foulston says, when it comes to cell phone tracking measures, law enforcement should ideally obtain a search warrant.

KSN is still working to learn more about Darnell Hall’s specific case. However, because Hall has not yet been formally charged, the probable cause affidavit that outlines exactly what led to his arrest, has not been released.

Lt. James Espinoza with the Wichita Police Department said that charges in the case will be presented to the district attorney’s office either Tuesday afternoon or Wednesday morning.

RECENT CASES

Kidnapping victim from Texas rescued near Newton

On January 23, Newton Police said GPS technology was crucial in finding a kidnapped Austin, Texas woman. The victim’s family tracked her location through the GPS technology associated with her cell phone. That technology led authorities to mile marker 40 between Newton and Hesston.

The Newton Police Department, Hesston Police Department, along with the assistance of Harvey County Sheriff’s Office, successfully stopped the vehicle near Hesston on I-135.

Broken phone found at Fairmount scene linked to suspect

Cornell Antoine McNeal, 26, was charged with capital murder and rape of 36-year-old Wichita mother, Letitia Davis, in November in Fairmount Park. Two affidavits of probable cause were filed in the case; one before the death of Davis, and one after.

The documents show that investigators combed the area around the attack in Fairmount Park and seized part of a flip phone that was damaged. A detective then reportedly contacted Cricket Communications and found that the subscriber information connected to the phone came back to an address that Cornell McNeal had used.

KSN TV – By Brittany Glas

• Jan 30, 2015
• KSN TV
• -
• by Chris Arnold

WICHITA, Kan. – A Kansas Supreme Court ruling today could change the way authorities investigate drunk drivers.

The state’s high court reversed a Wichita man’s DUI conviction ruling the officer lacked reasonable suspicion.

The original decision for William Molitor came from the Sedgwick County District Court where they said that one of the sobriety field tests that Molitor failed was a valid reason to hand down a DUI conviction.

However, the Kansas Supreme Court said otherwise.

When deciding to make a DUI arrest, law enforcement officials say they look at several factors, beginning with observations made by the officer.

“Is there the odor of alcohol, is there speech slurred, what did their eyes look like, are they blood shot?” said Lt. Lin Dehning with the Sedgwick Co. Sheriff’s Office.

Lt. Dehning says that during a stop, they conduct three tests.

• The horizontal gaze Nystagmus vision test
• The walk and turn
• The one leg stand

“All that together can be used to develop that probable cause to make the arrest,” said Lt. Dehning.

It’s the horizontal gaze Nystagmus vision test that played a role in getting a Wichita man’s DUI conviction overturned.

The Kansas Supreme Court said the man had passed two of the sobriety tests, but flunked the vision test.

Since the vision test typically can’t be admitted as evidence at trial, combined with the fact that he passed the other two tests, the court ruled there was no probably cause to give Molitor a Breathalzyer test.

“The Kansas Supreme Court itself said today in Kansas, the horizontal gaze Nystagmus test has no more credibility than a Ouija board or a magic 8-ball,” said legal analyst Dan Monnat.

Monnat said the Supreme Court has been urging law enforcement agencies to throw out the test for the last decade. He says this could lead to other DUI convictions being overturned in the future.

“Every time the Kansas Supreme Court makes a decision declaring what the law actually is it always has the potential to result in the reversal of many other convictions,” said Monnat.

But Lt. Dehning said it’s too early to tell if the Supreme Court’s decisions will change anything.

“It all depends on how the ruling comes down from the courts, if it’s going to establish some kind of case law.”

Another thing that is important to note is that only two of the field sobriety tests, the walk and turn and the one leg stand, are admissible standards accepted by the National Highway Traffic Safety Administration.

KSN TV – By Chris Arnold