State v. Davison

I respectfully disagree with my colleagues’ application of K.S.A. 22-2501; I would conclude that the vehicle here was no longer “within [Davison’s] immediate presence” when the search was'conducted. I would reverse the district court and direct that the fruits of the search be suppressed..

Before the search of Davison’s vehicle was initiated, Davison was searched, handcuffed, and placed in the backseat of the patrol car. As she was seated in the patrol car, Officer Smith asked her if there was someone who could come and get the car, and Davison provided the name and address of a friend.…