In an originally unpublished opinion, the Kansas Court of Appeals overturned a conviction for illegal possession of pseudoephedrine. The court ruled that the Wichita City Code did not support the traffic stop of the vehicle in which the defendant was riding. Wichita's code did not regulate various movements on the public streets including entering a public street from a private drive. Apparently, the defendant’s vehicle was stopped for exiting a private drive onto a public street without signaling. The ordinance violation used as a basis for the stop specifically applies to turning into a driveway from a roadway. As the court stated, “[a]bsent a traffic infraction, there was no reasonable suspicion to stop the vehicle” and the court ruled that the additional facts of the case “did not constitute a reasonable suspicion to justify a stop.”

See State v. Patricia Knight, No. 90,904

[ http://www.kscourts.org/kscases/ctapp/2004/20040917/90904.htm ]