– State v. Chavez-Majors –

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 115,286 STATE OF KANSAS, Appellee, v. KYLE ALAN CHAVEZ-MAJORS, Appellant. SYLLABUS BY THE COURT 1. Unsafe driving and the odor of alcohol can each suggest a person was driving while legally impaired and contribute to a finding of probable cause. 2. Schmerber v. California, 384 U.S. 757, 770-71, 86 S. Ct. 1826,

16 L. Ed. 2d 908

(1966) established a three-prong test for fitting a warrantless blood draw into the probable cause plus exigent circumstances exception to the warrant requirement: (1) there must be exigent circumstances that justify the…