Appeal No. 120,824: State of Kansas v. Gianni Massimo Daino
Archived oral argument video
The Kansas Supreme Court reversed Johnson County District Court's ruling on Daino's motion to suppress. In that motion, Daino argued police unlawfully entered and searched his apartment without a warrant and without his consent. The State opposed the motion, arguing Daino consented to police entry nonverbally by opening his apartment door wider and gesturing for officers to enter after they asked to do so. The district court granted the motion to suppress. On review, the Supreme Court reiterated that valid consent requires a showing, under the totality of the circumstances, that an individual expressed unequivocal, specific, free, and intelligent consent; that the individual gave consent in the absence of duress or coercion; and that the individual was not merely acquiescing to lawful authority. The Supreme Court held an individual's nonverbal conduct can be relevant in determining whether this standard has been met because an individual may express valid consent through words, acts, or conduct. Accordingly, the Supreme Court reversed and remanded the case to district court.