State v. Henning

LARSON, J.:

This is the State’s appeal from the district court’s suppression of evidence seized during the search of a vehicle incident to a lawful arrest on July 6, 2006.

The first impression issue in Kansas in this appeal involves the interpretation of the 2006 amendment in K.S.A. 2006 Supp. 22-2501(c) to allow law enforcement officers making a lawful arrest to reasonably search the person arrested and the area within such person’s immediate presence for the purpose of discovering the fruits, instrumentalities, or evidence of a crime rather than the crime.

The facts in this case are not…