Legal Opinion

State of Kansas, ex rel. KHP v. $28,350 in U.S. Currency

Court of Appeals of Kansas

Decided January 10, 2025No. 126321Published

1Opinion of the Court

No. 126,321 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, ex rel. KANSAS HIGHWAY PATROL, Appellee, v. $28,350 in U.S. CURRENCY (Boris Rodriguez), Appellant. SYLLABUS BY THE COURT 1. Although forfeiture actions are civil in nature, the protections against unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution and section 15 of the Kansas Constitution Bill of Rights are applicable. Thus, the constitutional exclusionary rule applies to forfeiture proceedings. 2. Once the officer determines that the driver has a valid license and…

2Cases cited32 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Whren v. United StatesSupreme Court of the United States · 1996
  5. Illinois v. WardlowSupreme Court of the United States · 2000

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