State I-135/I-70 Drug Task Force v. 1990 Lincoln Town Car

Marquardt, J.:

David Smith appeals from a forfeiture action held pursuant to the Kansas Standard Asset Seizure and Forfeiture Act (Act), K.S.A. 60-4101 et seq. We affirm.

On October 25, 2004, Kansas Highway Patrol Trooper David Grittman stopped Smith for an expired license tag. After Trooper Grittman approached Smith’s 1990 Lincoln Town Car, he observed that the vehicle had a very “lived-in appearance.” Trooper Grittman noticed that Smith had an open atlas and a cellular phone and there was a strong odor of tobacco coming from the interior of the vehicle, which he thought could be a “masking…