State v. Pettay

The opinion of the court was delivered by

Biles, J.:

Erik Pettay seeks review of a Court of Appeals decision approving the admission of drug evidence obtained during a vehicle search incident to his arrest for driving with a suspended license. The search occurred 2 days before the United States Supreme Court’s decision in Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009) (invalidating certain searches incident to arrest). Both parties agree Gant rendered the search illegal. See State v. Henning, 289 Kan. 136, 148-49, 209 P.3d 711 (2009) (following Gant). The lingering…