State v. Vandiver

The opinion of the court was delivered by

Lockett, J.:

We granted the State’s petition for review of the Court of Appeals’ reversal of the defendant’s conviction for possession of marijuana, a class A misdemeanor contrary to K.S.A. 65-4127b(a)(3) and K.S.A. 65-4105(d)(16). See State v. Vandiver, 19 Kan. App. 2d 786, 876 P.2d 205 (1994). The State asserts that the Court of Appeals erred in (1) employing a de novo review of the evidence in determining whether the search was constitutionally permissible and (2) its determination that K.S.A. 22-2509 did not justify the warrantless search of the…