State v. Karson

The opinion of the court was delivered by

Biles, J.:

A now deceased David Karson appealed his drug convictions, claiming the incriminating evidence found in his car should have been suppressed because it was illegally obtained after his arrest on an outstanding traffic warrant. At the time of his arrest, state law authorized a search incident to arrest for the purpose of “discovering the fruits, instrumentalities or evidence of a crime.” (Emphasis added.) K.S.A. 22-2501(c). But after Karson was convicted, the United States Supreme Court held such searches illegal in Arizona v. Gant, 556 U.S.…