State v. Henning

The opinion of the court was delivered by

Beier, J.:

These consolidated appeals focus on the meaning and constitutionality of K.S.A. 22-2501(c), a part of the Kansas statute on searches incident to arrest. We hold that the United States Supreme Court’s recent decision in Arizona v. Gant, 556 U.S. 332, 173 L. Ed. 2d 485, 129 S. Ct. 1710 (2009), controls in this case and that it compels us to strike down K.S.A. 22-2501(c) as unconstitutional.

Factual and Procedural Background

There is no material dispute on the relevant facts.

Defendant Randy Henning came to the attention of Deputy Sheriff Patrick…