State v. Overman

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 105,504 STATE OF KANSAS, Appellee, v. LARRY G. OVERMAN, Appellant. SYLLABUS BY THE COURT 1. The State has the burden of proving that a search and seizure was lawful. 2. A warrantless search by a police officer is per se unreasonable under the Fourth Amendment to the United States Constitution, unless the State can fit the search within one of the recognized exceptions to the warrant requirement. One of those exceptions is probable cause plus exigent circumstances, a subclass of which is known as the automobile exception. 3. Under the automobile…