State v. Daniel

The opinion of the court was delivered by

Biles, J.:

Candy Starlene Daniel appeals her conviction of possession of methadone, which was found during a warrantíess search of her vehicle following her arrest for driving with a suspended license. The district court determined the search lawful under K.S.A. 22-2501(c), which at the time authorized certain searches incident to an arrest for the limited purpose of “discovering the fruits, instrumentalities, or evidence of a crime.”

A unique issue arises because K.S.A. 22-2501(c) was declared unconstitutional while Daniel was appealing her conviction…