Appeals court says non-verbal conduct relevant in search consent

The Kansas Supreme Court says an individual’s conduct can be relevant in determining whether a person has expressed valid consent to search.

The ruling Friday came in the case of Gianni Massimo Daino.

He allowed police to enter his apartment when he opened the door and stood aside for them to come in.

The appeals court reversed a Johnson County District Court ruling that suppressed evidence after the warrantless search led to the discovery of marijuana and other incriminating evidence.

It ruled that an individual’s nonverbal conduct can be relevant because a person may express valid consent through words, acts, or conduct.