State v. Bennett

The opinion of the court was delivered by

Davis, J.:

Nicholas Bennett was convicted of possession of methamphetamine and placed on probation. He appealed from one of the conditions of his probation, which required him to submit to random, suspicionless searches by community corrections or law enforcement officers. The Court of Appeals held that this condition was unconstitutional and unenforceable. State v. Bennett, 39 Kan. App. 2d 890, 185 P.3d 320 (2008). We agree and affirm the Court of Appeals’ reversal of the district court’s finding that the probation condition was constitutional.

Facts

Nich…