Topeka ? Kansas Supreme Court justices on Tuesday vigorously questioned attorneys in a Lawrence case about when police can check on whether an individual has an outstanding warrant for their arrest.

The dispute, now a constitutional question before the Supreme Court, arose from the June 2005 arrest of Paul Martin near Trinity Episcopal Church, 1011 Vt.

Police said they came upon Martin, 37, while they were investigating whether someone was urinating nearby.

Martin wasn’t observed doing anything wrong, but an officer asked him his name and ran a check for an outstanding warrant. He had a probation violation, according to authorities, and was arrested.

When searched, he was found to have a mint tin of marijuana. Martin was later convicted of possession of marijuana and sentenced to six months in jail.

His attorney, Juanita Carlson, said the evidence of marijuana shouldn’t have been allowed at trial because the warrant check and subsequent search were illegal. Police must have a reasonable suspicion about a person before checking to see if that person has any outstanding warrants, Carlson argued.

“We are free as citizens to go about our business in this country,” she said.

But several justices questioned what the officer was supposed to do once he found out that there was an arrest warrant.

Justice Lee Johnson said the warrant is a judicial order to make an arrest, and that once police arrest someone they have to search them as a safety precaution.

But the justices also asked numerous questions of Douglas County Assistant District Attorney Brenda Clary.

Justice Carol Beier asked whether it is appropriate for a police officer to ask anyone their name in order to check to see if that person has an outstanding arrest warrant.

“It’s OK,” replied Clary.

Beier said she was at the Old-Fashioned Christmas Parade in Lawrence last week. She asked if an officer could have asked her for her name.

“Sure,” Clary said.

But Clary said that in a “voluntary encounter” with police, nothing prevents a person from walking away from an officer if they don’t want to cooperate.

Johnson, however, said most people wouldn’t feel like they were free to walk away from a uniformed, armed police officer who was asking them questions.

The Fourth Amendment to the U.S. Constitution guards against unreasonable searches and seizures.