State v. Stevenson

I dissent from my colleagues’ holding because no Kansas appellate court previously has held the odor of a legal substance may provide the sole basis to justify a warrantless search of an automobile based upon probable cause to believe the vehicle contained contraband or evidence of a crime. Based upon my reading of State v. Ibarra, 282 Kan. 530, 147 P.3d 842 (2006), and its interpretation of State v. Bickerstaff, 26 Kan. App. 2d 423, 988 P.2d 285, rev. denied 268 Kan. 889 (1999), I would find the very strong odor of alcohol emanating from Stevenson’s vehicle, without incriminating facts or…