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§ 15. Search and seizure. The right of the people to be secure in their persons and property against unreasonable searches and seizures, shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.

Law Review and Bar Journal References:

Analyzed in article on perspectives of Mapp v. Ohio, Paul E. Wilson, 11 K.L.R. 423, 430 (1963).

Sufficiency of search warrant relative to obscenity cases, Loren Obley, 12 K.L.R. 547 (1964).

Constitutional Law-The Mere Evidence Rule, John M. Jaworsky, 8 W.L.J. 361, 368 (1969).

Arrest Under the New Kansas Criminal Code, Keith G. Meyer, 20 K.L.R. 685, 690, 691, 712, 717, 720 (1972).

Searches Incident to a Lawful Arrest, Keith G. Meyer, 41 J.B.A.K. 365 (1972).

The Psychotherapists' Privilege, Craig Kennedy, 12 W.L.J. 297 (1973).

Probable cause for issuance of arrest warrant, 18 W.L.J. 643 (1979).

Constitutional Law: Exigent Circumstances in Warrantless Home Arrests, Russell F. Kaufman, 19 W.L.J. 345 (1980).

Reform in Kansas Domestic Violence Legislation, David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 539, 540 (1983).

Constitutional Law: Privacy Penumbra Encompasses Students in School Searches [New Jersey v. T.L.O., 105 S. Ct. 733 (1985)], J. Lyn Entrikin Goering, 25 W.L.J. 135 (1985).

The Supreme Court Reverses Itself on Automobile Searches, Mike Jilka, 61 J.K.B.A. No. 2, 21 (1992).

The Good Faith Exception to the Exclusionary Rule: An Analysis of Kansas Law, Pamela Von Essen, 41 K.L.R. Criminal Procedure Edition 95, 112 (1993).

Constitutional Law: Kansans Have No Reasonable Expectation of Privacy in Bank or Telephone Records [State v. Schultz, 850 P.2d 818 (Kan. 1993)], Kyle Steadman, 33 W.L.J. 466, 472 (1994).

Oh Give Me A Home, Where The Government Can't Roam...: Interpreting The Kansas Constitution To Protect Open Fields, Daniel E. Monnat and Paige A. Nichols, J.K.T.L.A. Vol. 18, No. 2, 17, 18, 19 (1994).

Does Domestic Violence Constitute an Exigency Justifying a Warrantless Search? William (Trey) A. Alford III, 37 W.L.J. 763 (1998).

The Not So Plain Feel Exception, Dustin W. Mullin, 37 W.L.J. 777 (1998).

The Kansas Bill of Rights: 'Glittering Generalities' or Legal Authority, Kirk Redmond and David Miller, 69 J.K.B.A. No. 8, 18 (2000).

Letting the End Justify the Means: The Continuing Dissolution of the Fourth Amendment's Requirement for Search Warrants, Sherri Schuck, 40 W.L.J. 350 (2001).

Criminal Procedure Survey, 55 K.L.R. 797 (2007).

Criminal Procedure Survey, 56 K.L.R. 747 (2008).

Attorney General's Opinions:

Search and seizure; 4th Amendment inapplicability as to hospital employees. 79-191.

Drug testing of county employees; constitutionality. 87-49.

City housing code inspections; police power; search and seizure. 93-38.

Search and seizure restrictions; application to search of live-aboard vessels. 93-119.

Access to certain records and disclosure of social security number; violation of protected right of privacy considered. 97-39.

County's personnel policy requiring random drug testing of all county employees violates section 15 of the bill of rights of the constitution of the state of Kansas. 2016-16.

CASE ANNOTATIONS

1. Defective verification waived by recognizance and consent to continuance. The State v. Hook, 4 Kan. App. 451, 454, 46 P. 44.

2. Complaint verified on hearsay and belief insufficient to authorize warrant. The State v. Gleason, 32 Kan. 245, 249, 250, 4 P. 363.

3. Defendant may, by conduct, waive objections to verification of complaint. The State v. Blackman, 32 Kan. 615, 617, 618, 5 P. 173.

4. Where information, properly verified, states offense, clerk may issue warrant. The State v. Brooks, 33 Kan. 708, 711, 714, 7 P. 591.

5. Road improvement statute claimed to be unconstitutional but other controlling questions in the case; court refused to determine constitutionality. Barker v. Comm'rs of Wyandotte Co., 45 Kan. 681, 683, 693, 26 P. 585.

6. Arrest for misdemeanor requires warrant unless officer sees offense committed. In re Kellam, Petitioner, 55 Kan. 700, 702, 41 P. 960.

7. Warrant may issue when complaint regular in form and verified. The State v. Carey, 56 Kan. 84, 86, 42 P. 371.

8. Warrant may issue only upon complaint duly sworn to. Topeka v. Raynor, 61 Kan. 10, 11, 12, 13, 58 P. 557.

9. Section not violated in compelling banker to disclose depositor's account. In re Davies, 68 Kan. 791, 795, 75 P. 1048.

10. Arrest on view; objection to legality thereof waived. Topeka v. Kersch, 70 Kan. 840, 845, 79 P. 681, 80 P. 29.

11. Complaint properly filed and verified, "John Doe" warrant may issue. The State v. King, 71 Kan. 287, 289, 80 P. 606.

12. Giving recognizance without objection to warrant waives objection to verification. The State v. Miller, 87 Kan. 454, 455, 124 P. 361.

13. Prisoner violating parole; recommitment; statute constitutional. In re Patterson, 94 Kan. 439, 146 P. 1009.

14. Subpoena duces tecum; documents not obtained by "search and seizure." The State v. Smithmeyer, 110 Kan. 172, 174, 175, 202 P. 638.

15. Inspection of books, accounts, etc., of public utility by commission does not violate section. State, ex rel., v. Railway Co., 115 Kan. 3, 221 P. 259, 260; State, ex rel., v. Railway Co., 116 Kan. 151, 225 P. 1026.

16. Liquor still and apparatus taken by officer without authority is admissible in evidence. State v. Johnson, 116 Kan. 58, 226 P. 245.

17. False affidavit for search warrant resulting in libel is actionable only against persons directly responsible. Chisler v. Randall, 124 Kan. 278, 282, 259 P. 687.

18. Act creating county court does not violate section. Brockway v. Wagner, 126 Kan. 285, 268 P. 96.

19. Statute (K.S.A. 41-407) making it unlawful to evade liquor tax held valid. State v. Payne, 183 Kan. 396, 398, 405, 327 P.2d 1071.

20. Search and seizure of vehicle without warrant legal when arresting officer has probable cause to believe crime has been committed; comparison with 4th Amendment to U.S. Constitution. State v. Wood, 190 Kan. 778, 788, 378 P.2d 536.

21. Officer lawfully on premises or in public place may seize property open to view if he has reasonable cause to believe it is kept or used in violation of law; no search of an automobile unless there is probable cause to believe that it contains contraband or stolen property, or unless incidental to arrest; only unreasonable searches and seizures within the constitutional interdict; cases reviewed. State v. Blood, 190 Kan. 812, 816, 378 P.2d 548.

22. Under facts vacated apartment held legally searched without a search warrant. State v. Inzerillo, 191 Kan. 586, 383 P.2d 546.

23. Search and seizure without a search warrant is permitted when incidental to a lawful arrest. State v. Crouch, 192 Kan. 602, 603, 389 P.2d 824.

24. Defendant must be owner or in possession of vehicle to object to search. State v. Edwards, 197 Kan. 146, 147, 415 P.2d 231.

25. Search incident to lawful arrest for traffic violation not violation of section. State v. Ward, 199 Kan. 23, 424 P.2d 586.

26. Automobile used to commit crime and evidence therein properly seized. State v. Hoy, 199 Kan. 340, 351, 352, 430 P.2d 275.

27. Search without warrant incidental to arrest without warrant but with probable cause valid. State v. Little, 201 Kan. 94, 96, 439 P.2d 387.

28. Immunity from unreasonable search and seizure may be waived by oral consent which dispenses with necessity for search warrant. State v. Pierson, 202 Kan. 297, 300, 448 P.2d 30.

29. Police officer, who looked through front door window of house when no one answered to knock on door, did not make unreasonable search. State v. Yates, 202 Kan. 406, 408, 449 P.2d 575.

30. Seizure of an unlisted item in a search where items to be searched for were described as required by K.S.A. 62-1830 does not convert the search to one of a general exploratory nature as prohibited hereunder. State v. Bolen, 205 Kan. 377, 378, 469 P.2d 422.

31. Seizure of a pistol drawn by defendant and then tossed by defendant into the back seat of a car, a reasonable seizure. State v. Bell, 205 Kan. 380, 384, 469 P.2d 448.

32. During search for gun, marijuana found; held admissible, search and seizure reasonable. State v. Thomas, 205 Kan. 442, 469 P.2d 279.

33. Affidavit, conclusory and perfunctory in nature, insufficient to sustain finding of probable cause for search warrant; observation of evidence in locked car at night through window did not constitute search. State v. McMillin, 206 Kan. 3, 7, 476 P.2d 612.

34. Exclusion of attorney from hearing for a search warrant not violation of Sixth Amendment rights under facts of case. State v. Dodson, 207 Kan. 437, 438, 485 P.2d 1010.

35. Search with warrant for narcotics not unconstitutional. State v. Loudermilk, 208 Kan. 893, 895, 494 P.2d 1174.

36. Warrantless search consented to by acceptance of club license; search for gambling contemplated by act; K.S.A. 41-2601 et seq. constitutional. State v. Dailey, 209 Kan. 707, 710, 712, 719, 722, 498 P.2d 614.

37. Mentioned; class action against gas utility contesting legality of late charge assessments made by utility. Tennyson v. Gas Service Company, 367 F. Supp. 102, 103.

38. Requirement that warrant shall issue on probable cause satisfied where crime charged substantially in language of statute. State v. Greene, 214 Kan. 78, 79, 519 P.2d 651.

39. Search and seizure of articles in warrantless arrest valid; articles in view; probable cause. State v. Moretz, 214 Kan. 370, 520 P.2d 1260.

40. Defendant standing on parking curtilage in front of address on warrant was on the premises. State v. McClelland, 215 Kan. 81, 83, 523 P.2d 357.

41. Inventory search of automobile was illegal; scope; confession inadmissible. State v. Boster, 217 Kan. 618, 620, 621, 622, 623, 627, 628, 539 P.2d 294.

42. Access to contents of letter not obtained by unconstitutional search and seizure; admission into evidence upheld. State v. Matthews, 217 Kan. 654, 657, 538 P.2d 637.

43. Evidence admitted not fruit of unlawful search and seizure; warrantless arrest upheld; K.S.A. 22-2402 applied. State v. Curtis, 217 Kan. 717, 720, 538 P.2d 1383.

44. Parked automobile searched during execution of premises search warrant; search held reasonable under facts and circumstances. State v. Timmons, 218 Kan. 741, 750, 545 P.2d 358.

45. Blood sample of defendant held taken without consent; inadmissible; unlawful search. State v. Gordon, 219 Kan. 643, 647, 648, 649, 650, 549 P.2d 886.

46. Search by private citizen not acting as agent of state not prohibited by section. State v. Boswell, 219 Kan. 788, 790, 791, 793, 796, 549 P.2d 919.

47. Provisions of amendment applicable to "stop and frisk" procedures under K.S.A. 22-2402; probable cause existed for search; conviction of aggravated robbery affirmed. State v. Boone, 220 Kan. 758, 762, 764, 556 P.2d 864.

48. Applied; sheriff and deputy may be liable on bond for acts not involving malice, wantonness or willful misconduct; K.S.A. 19-805 construed. Monroe v. Darr, 221 Kan. 281, 287, 559 P.2d 322.

49. No standing to object to search and seizure of items taken in certain described area; other warrants overbroad. State v. Gordon, 221 Kan. 253, 256, 559 P.2d 312.

50. Constitutional requirement of particularity met; no general search allowed by warrant. State v. Ames, 222 Kan. 88, 92, 563 P.2d 1034.

51. Complaint on which warrant issued must disclose factual basis to support finding of probable cause. Wilbanks v. State, 224 Kan. 66, 579 P.2d 132.

52. Reasonable detention and search of person found on premises in executing search warrant did not offend section; K.S.A. 22-2509 applied. State v. Jacques, 2 Kan. App. 2d 277, 280, 579 P.2d 146.

53. Seizure of marijuana without a warrant held reasonable; conviction under K.S.A. 65-4127b (a)(3) affirmed. State v. Harrington, 2 Kan. App. 592, 585 P.2d 618.

54. Affidavit executed in demanding state under criminal extradition act insufficient; not charged as required hereunder; time to amend granted. In re Simpson, 2 Kan. App. 2d 713, 586 P.2d 1389.

55. Power of police officers to enforce drivers' license law under K.S.A. 8-244 questioned (dissenting opinion). City of Overland Park v. Sandy, 225 Kan. 102, 106, 107, 587 P.2d 883.

56. Motion to suppress evidence sustained; warrantless arrest and search of defendant's home held unreasonable; burden of proof on state to show existence of exigent circumstances. State v. Platten, 225 Kan. 764, 767, 770, 594 P.2d 201.

57. Evidence obtained by person acting as agent of police properly suppressed. State v. Bohannon, 3 Kan. App. 2d 448, 452, 596 P.2d 190.

58. Cited; substantial equivalent of Fourth Amendment; inventory search of impounded car must be reasonable; items not in plain sight suppressed. State v. Morgan, 3 Kan. App. 2d 667, 672, 600 P.2d 155.

59. Order quashing a search warrant and suppressing evidence affirmed; warrant invalid in that it did not describe, with particularity, the premises to be searched. State v. Patmon, 4 Kan. App. 2d 246, 247, 604 P.2d 82.

60. Warrantless search of automobile after defendant arrested for speeding and no longer in car violates constitutional protection. State v. Sanders, 5 Kan. App. 2d 189, 200, 614 P.2d 998.

61. Consent to search and stop and arrest based on description of vehicle and suspect held constitutional. State v. Niblock, 230 Kan. 156, 160, 631 P.2d 661 (1981).

62. Proscription hereunder not applicable to private individual not acting as an agent of the state. State v. Miesbauer, 232 Kan. 291, 293, 654 P.2d 934 (1982).

63. Test for plain view exception to the 4th Amendment stated and applied; case reversed. State v. Galloway, 232 Kan. 87, 93, 652 P.2d 673 (1982).

64. A warrantless search for the purpose of inspecting any records or documents required to be maintained and kept in a truck cab, and to check required safety equipment, is not unreasonable. State v. Williams, 8 Kan. App. 2d 14, 22, 648 P.2d 1156 (1982).

65. Warrantless seizure of evidence was unreasonable search and seizure; seriousness of homicide investigation alone does not create sufficient exigent circumstances. State v. Mitchell, 8 Kan. App. 2d 265, 269, 655 P.2d 140 (1983).

66. Driver's license and DUI roadblock met specified criteria; initial stop and seizure valid. State v. Deskins, 234 Kan. 529, 540, 543, 673 P.2d 1174 (1983).

67. Arrest for misdemeanor under K.S.A. 22-2401(b) not violative hereof. State v. Flummerfelt, 235 Kan. 609, 618, 621, 684 P.2d 363 (1984).

68. Warrantless search of vehicle for inventory purposes incident to lawful impounding, including locked compartments, reasonable. State v. Fortune, 236 Kan. 248, 250, 257, 689 P.2d 1196 (1984).

69. Spot checks for enforcement of vehicle weight laws (K.S.A. 8-1910) constitutionally permissible. State v. Moore, 237 Kan. 523, 528, 701 P.2d 684 (1985).

70. Good faith exception to exclusionary rule for evidence seized pursuant to search warrant subsequently held invalid should be applied. State v. Huber, 10 Kan. App. 2d 560, 567, 704 P.2d 1004 (1985).

71. Individuals on private property not named in search warrant (K.S.A. 22-2509) retain protection distinct from those named. State v. Lambert, 238 Kan. 444, 446, 450, 710 P.2d 693 (1985).

72. Cited; challenge to legality of search warrant, extent and effect of order suppressing evidence from partially false warrant examined. State v. Olson, 11 Kan. App. 2d 485, 486, 488, 726 P.2d 1347 (1986).

73. Conduct prohibited hereunder is prohibited under U.S. Constitution Fourth Amendment. State v. Bishop, 240 Kan. 647, 656, 732 P.2d 765 (1987).

74. Cited; electronic tracking device on aircraft as unreasonable governmental restraint and invasion of right to privacy examined. State v. Strayer, 242 Kan. 618, 620, 750 P.2d 390 (1988).

75. Cited; search and seizure with warrant based on observations of state park custodian; private citizen not agent of state, examined. State v. Smith, 243 Kan. 715, 718, 763 P.2d 632 (1988).

76. Bench warrant (K.S.A. 61-2204) inadequate to support entry into defendant's home without consent; arrest warrant (K.S.A. 22-2302) distinguished. State v. Ruden, 245 Kan. 95, 104, 774 P.2d 972 (1989).

77. Search by law enforcement officers not exceeding scope of prior private search examined. State v. Windes, 13 Kan. App. 2d 577, 776 P.2d 477 (1989).

78. Materials directly or indirectly obtained as "Fruit of Poisonous Tree" excluded from evidence. State v. Daly, 14 Kan. App. 2d 310, 315, 320, 789 P.2d 1203 (1990).

79. Plain view exception to warrantless search examined in property forfeiture action under K.S.A. 65-4135, 65-4171. State ex rel. Love v. One 1967 Chevrolet, 247 Kan. 469, 476, 799 P.2d 1043 (1990).

80. Test to determine whether search warrant meets constitutional requirements discussed; specificity, technical irregularities, search by affiant examined. State v. LeFort, 248 Kan. 332, 334, 806 P.2d 986 (1991).

81. Guidelines for determining reasonableness of impounding a vehicle examined. State v. Teeter, 249 Kan. 548, 551, 819 P.2d 651 (1991).

82. Validity of "all persons present" search warrant examined; exigent circumstances and K.S.A. 22-2509 addressed. State v. Horn, 15 Kan. App. 2d 365, 366, 808 P.2d 438 (1991).

83. State's need for evidence and accused's privacy rights, propriety of testimony on accused's refusal to submit semen sample examined. State v. Williams, 15 Kan. App. 2d 656, 663, 815 P.2d 569 (1991).

84. Discovery of marijuana plants in suspect's apartment during execution of search warrant supplied probable cause to arrest. State v. Dye, 250 Kan. 287, 298, 826 P.2d 500 (1992).

85. Effect of § 15 Kansas Bill of Rights identical to 4th Amendment of United States constitution; reasonable expectation of privacy in open fields examined. State v. Tinsley, 16 Kan. App. 2d 287, 289, 823 P.2d 205 (1992).

86. Expectation of privacy in stolen vehicle reviewed. State v. Wickliffe, 16 Kan. App. 2d 424, 428, 826 P.2d 522 (1992).

87. Kansas has not adopted "knock and announce" rule; search reasonable where clothing and announcement identified sheriff's deputies. State v. Tyler, 251 Kan. 616, 634, 840 P.2d 413 (1992).

88. Vehicle stop violates no constitutional right if stop based upon specific and articulate facts leading to belief driver falling asleep. State v. Vistuba, 251 Kan. 821, 825, 840 P.2d 511 (1992).

89. Specific statutory authority not a prerequisite to validity of vehicle/sobriety checkpoints; factors in case law on balancing interests examined. Davis v. Kansas Dept. of Revenue, 252 Kan. 224, 227, 843 P.2d 260 (1992).

90. Privacy rights of individual in bank and telephone records considered and determined; federal right to financial privacy act examined. State v. Schultz, 252 Kan. 819, 824, 825, 834, 851, 852, 850 P.2d 818 (1993).

91. Sobriety check lane constitutional, remanded; no evidence introduced as to training, background, characteristics, capabilities and behavior of narcotics dog. State v. Barker, 252 Kan. 949, 952, 850 P.2d 885 (1993).

92. Law enforcement deception to obtain defendant's consent to search his home (a ruse entry), and warrantless arrest examined. State v. Johnson, 253 Kan. 356, 362, 856 P.2d 134 (1993).

93. Administrative and district court dismissal of public utilities claim on jurisdictional grounds examined. Colorado Interstate Gas Co. v. Beshears, 18 Kan. App. 2d 814, 815, 860 P.2d 56 (1993).

94. Whether evidence should be suppressed where officers from one city executed search warrant in another city examined. State v. Sodders, 255 Kan. 79, 85, 872 P.2d 736 (1994).

95. Whether police violated defendant's rights by using unnecessary and unreasonable force in executing search warrant examined. State v. McCloud, 257 Kan. 1, 9, 891 P.2d 324 (1995).

96. Whether plaintiff municipality has authority for issuance of an administrative search warrant without probable cause examined. City of Overland Park v. Niewald, 20 Kan. App. 2d 909, 911, 893 P.2d 848 (1995).

97. Plain feel exception to probable cause requirement for a pat-down search applies in Kansas. State v. Wonders, 23 Kan. App. 2d 287, 293, 929 P.2d 792 (1996).

98. Denial of defendant's motion to suppress evidence found in warrantless search of person upheld. State v. Houze, 23 Kan. App. 2d 336, 337, 930 P.2d 620 (1997).

99. Traffic stop is a seizure; consent to search preceded by violation of constitutional rights; voluntariness of consent. State v. Schmitter, 23 Kan. App. 2d 547, 555, 556, 933 P.2d 762 (1997).

100. Enough attenuation between stop and subsequent interview and search; suppression of evidence proper. State v. Ninci, 262 Kan. 21, 29, 30, 936 P.2d 1364 (1997).

101. Challenge to denial of motion to suppress not properly preserved by objection to admission; under facts appellate review appropriate. State v. Littrice, 23 Kan. App. 2d 1016, 1025, 940 P.2d 70 (1997) (dissenting opinion).

102. The plain feel exception applies to lawful searches in state court; standards for application reviewed. State v. Wonders, 263 Kan. 582, 588, 952 P.2d 1351 (1998).

103. No violation in police using material found in trash bags placed in front of house on city easement as basis for search warrant of premises for illegal drugs. State v. Kimberlin, 267 Kan. 659, 661, 666, 984 P.2d 141 (1999).

104. Search warrant fatally defective that listed address to be searched but failed to describe any items to be seized. State v. Cardenas 26 Kan. App. 2d 134, 136, 137, 980 P.2d 594 (1999).

105. No violation of constitutional protections; garbage placed at curb for pickup is available for police to inspect as well as any member of the public. State v. Alexander, 26 Kan. App. 2d 192, 200, 981 P.2d 761 (1999).

106. Defendant municipality did not seize plaintiff's property by enacting rental licensure ordinance for search and seizure purposes. Brooks v. Sauceda, 85 F. Supp. 2d 1115, 1127 (2000).

107. Absent a warrant, police viewing contents of home through 4 x 5 inch break in closed blind were conducting an illegal search. State v. Morris, 27 Kan. App. 2d 155, 999 P.2d 283 (2000).

108. No legal basis for stopping person on motorcycle as either an investigatory stop or public safety stop. State v. Ludes, 27 Kan. App. 2d 1030, 11 P.3d 72 (2000).

109. No violation of law by state trooper making a warrantless inspection of motor vehicle authorized to transport property for hire. State v. Crum, 270 Kan. 870, 19 P.3d 172 (2001).

110. State constitutional claim dismissed following dismissal of federal constitutional rights violations claims. Watson v. City of Kansas City, Kan., 185 F. Supp. 2d 1191, 1211 (2001).

111. When consent to search vehicle was given, police can search passenger's personal belongings (a purse) as well as driver's after discovery of crack pipe in center console of vehicle. State v. Boyd, 30 Kan. App. 2d 720, 47 P.3d 419 (2002).

112. No reasonable suspicion defendant had committed or was about to commit a crime at time seized by activation of emergency lights. State v. Morris, 276 Kan. 11, 72 P.3d 570 (2003).

113. Probable cause to support arrest confirmed; defendant appeared to be under influence of drugs and had torn plastic baggie in her hand. State v. Ramirez, 278 Kan. 402, 100 P.3d 94 (2004).

114. Voluntary encounter turned into an investigatory detention resulting in a search implicating Fourth Amendment rights. State v. Kermoade, 33 Kan. App. 2d 573, 105 P.3d 730 (2005).

115. Officers search warrant affidavit contained no material omissions to make search unreasonable. State v. Schoonover, 281 Kan. 453, 514, 133 P.3d 48 (2006).

116. Purse left in vehicle by exiting passenger not retrieved before probable cause to search may be searched. State v. Groshong, 281 Kan. 1050, 1056, 135 P.3d 1186 (2006).

117. Constitutional rights not violated where defendant voluntarily empties his pockets. State v. Bieker, 35 Kan. App. 2d 427, 437, 132 P.3d 478 (2006).

118. No reasonable suspicion under K.S.A. 8-1522 to stop vehicle that crossed the fog line only briefly, for a short distance, and only once. State v. Ross, 37 Kan. App. 2d 126, 131, 149 P.3d 876 (2007).

119. Seizure of defendant justified; however, illegal search when no probable cause existed to search defendant's pockets beyond pat-down frisk for weapons. State v. Bastian, 37 Kan. App. 2d 156, 163, 150 P.3d 912 (2007).

120. Tainted evidence removed from affidavit for search warrant; substantial basis to find search warrant valid. State v. Fisher, 283 Kan. 272, 309, 154 P.3d 455 (2007).

121. Reasonable suspicion to extend traffic stop; probable cause to exceed scope of consent to search. State v. Moore, 283 Kan. 344, 359, 363, 154 P.3d 1 (2007).

122. Plain feel exception not applicable; pat down search for weapons exceeded permissible scope of search. State v. Lee, 283 Kan. 771, 780, 156 P.3d 1284 (2007).

123. Discussed in search warrant case and good faith exception to the exclusionary rules. State v. Hoeck, 284 Kan. 441, 463, 163 P.3d 252 (2007).

124. Law regarding police-citizen encounters discussed and applied to searches and seizures. State v. Thompson, 284 Kan. 763, 166 P.3d 1015 (2007).

125. Odor of burnt marijuana provided probable cause and exigent circumstances for warrantless search of driver. State v. Fewell, 37 Kan. App. 2d 283, 288, 289, 152 P.3d 1249 (2007).

126. Officer's entry and warrantless search of third parties residence lacked valid consent, evidence seized must be suppressed. State v. Poulton, 37 Kan. App. 2d 299, 308, 310, 152 P.3d 678 (2007).

127. Exclusionary rule does not bar evidence in reasonable reliance on warrant later found to be invalid. State v. Malm, 37 Kan. App. 2d 532, 548, 154 P.3d 1154 (2007).

128. Constitution generally prohibits warrantless entry of a person's home; inevitable discovery doctrine applied. State v. Thompson, 37 Kan. App. 2d 589, 597, 155 P.3d 724 (2007).

129. Warrantless search of house per se unreasonable, protective sweep exception discussed. State v. Lemons, 37 Kan. App. 2d 641, 645, 155 P.3d 732 (2007).

130. Constitutional provision not applicable to a voluntary encounter between law enforcement and citizen. State v. Young, 37 Kan. App. 2d 700, 703, 707, 708, 157 P.3d 644 (2007).

131. Suppression of drug evidence reversed; smell of marijuana probable cause to search car. In re J.M.E. 38 Kan. App. 2d 229, 232, 233, 162 P.3d 835 (2007).

132. Court discusses and applies warrantless search rules when co-occupant consents to search and other co-occupant objects. State v. Chilson, 38 Kan. App. 2d 338, 165 P.3d 304 (2007).

133. DNA obtained by search warrant in separate case may be used in investigation of other cases. State v. Glynn, 38 Kan. App. 2d 437, 166 P.3d 1075 (2007).

134. The nine grounds for warrantless searches are discussed and applied; search held unreasonable. State v. Warren, 38 Kan. App. 2d 697, 698, 171 P.3d 656 (2007).

135. In conjunction with arrest, police may search person and area within immediate presence to discover evidence of a crime. State v. Henning, 38 Kan. App. 2d 706, 708, 709, 711, 722, 171 P.3d 660 (2007).

136. Search of entire apartment under emergency-aid doctrine, without a warrant, held unreasonable. State v. Jeffery, 38 Kan. App. 2d 893, 895, 173 P.3d 1156 (2008).

137. Exclusion of constitutional issues in administrative hearings under K.S.A. 8-1020 does not violate procedural due process. Martin v. Kansas Dept. of Revenue, 285 Kan. 625, 626, 629–34, 636, 639, 176 P.3d 938 (2008).

138. If law enforcement officer observes person violate K.S.A. 8-1548, officer has probable cause to seize person to investigate violation. State v. Greever, 286 Kan. 124, 133, 183 P.3d 788 (2008).

139. Warrantless search of person was justified on basis of probable cause to search accompanied by exigent circumstances. State v. Fewell, 286 Kan. 370, 376, 184 P.3d 903 (2008).

140. Consensual searches of passengers during the period of a detention for a traffic stop are unconstitutional. State v. Smith, 286 Kan. 402, 403, 406, 409, 419, 184 P.3d 890 (2008).

141. Cited; circumstances provided reasonable suspicion to investigate DUI; suppression motion denied. State v. Pollman, 286 Kan. 881, 887, 190 P.3d 234 (2008).

142. Cited; warrantless search after traffic stop and suspended driver's license; probable cause found lacking. State v. Fitzgerald, 286 Kan. 1124, 1126, 192 P.3d 171 (2008).

143. Cited in case involving unlawful arrest and unlawful search; conviction reversed. State v. Wagner, 39 Kan. App. 2d 279, 286, 179 P.3d 1149 (2008).

144. Cited; condition of probation that authorizes nonconsensual, suspicionless searches held unconstitutional. State v. Bennett, 39 Kan. App. 2d 890, 892, 185 P.3d 320 (2008).

145. Cited; law enforcement lacked reasonable suspicion of criminal activity to request passenger's driver's license. State v. Morlock, 40 Kan. App. 2d 216, 222, 227, 190 P.3d 1002 (2008).

146. Cited; evidence insufficient to show defendant's voluntary encounter with law enforcement was transformed into a seizure. State v. Tatum, 40 Kan. App. 2d 846, 851, 852, 196 P.3d 441 (2008).

147. Officials must have rational, articulable suspicion of probation violation or criminal activity before searching probationer's person or property. State v. Bennett, 288 Kan. 86, 200 P.3d 455 (2009).

148. 22-2501 held violative of Fourth Amendment and Section 15 of Kansas Constitution Bill of Rights. State v. Henning, 289 Kan. 136, 209 P.3d 711 (2009).

149. Warrantless search upheld; consent discussed involving one resident's consent but not another. State v. Ransom, 289 Kan. 373, 212 P.3d 203 (2009).

150. Court upholds suppression of evidence relating to traffic stop; K.S.A. 8-1522 construed. State v. Marx, 289 Kan. 657, 215 P.3d 601 (2009).

151. Patdown of passenger after a traffic stop upheld. State v. Golston, 41 Kan. App. 2d 444, 203 P.3d 10 (2009).

152. Search of parolee's residence upheld based on urine analysis and two anonymous tips. State v. Haffner, 42 Kan. App. 2d 205, 209 P.3d 734 (2009).

153. Trooper's suspicion of loose ladder dispelled, detention thereafter unlawful. State v. Diaz-Ruiz, 42 Kan. App. 2d 325, 211 P.3d 836 (2009).

154. Search of probationer's home held to be based on reasonable suspicion; district court reversed. State v. Hovhannisyan, 42 Kan. App. 2d 371, 211 P.3d 857 (2009).

155. Pat-down search conducted during consensual search of defendant's home lacked reasonable suspicion. State v. Dean, 42 Kan. App. 2d 558, 214 P.3d 1190 (2009).

156. Implication of constitutional guarantees not found where the entry by government employees was not done at the discretion of, or in participation with, law enforcement. State v. Brittingham, 42 Kan. App. 2d 859, 218 P.3d 441 (2009).

157. Defendant stopped for traffic violation not in custody for Miranda purposes when he made statements to a police officer because officer's questioning was part of an investigatory detention. State v. Goff, 44 Kan. App. 2d 536, 239 P.3d 467 (2010).

158. Officer's detection of raw marijuana odor emanating from vehicle provided probable cause to search vehicle. State v. Goff, 44 Kan. App. 2d 536, 239 P.3d 467 (2010).

159. Officers did not have reasonable suspicion to justify seizure of defendant in execution of arrest warrant for another person. State v. Johnson, 293 Kan. 1, 259 P.3d 719 (2011).

160. Officer's question asking whether the defendant "had anything on his person that she should know about" went beyond the narrow public safety exception to the rule that Miranda warnings be given prior to custodial interrogation. State v. Johnson, 46 Kan. App. 2d 387, 264 P.3d 1018 (2011).

161. Public housing employees who made uninvited entries into the defendant's apartment to investigate a sewer back-up are not government actors under the facts of the case. State v. Brittingham, 296 Kan. App. 2d 597, 294 P.3d 263 (2013).

162. A warrantless entry into a home is unreasonable when the police create the exigency by engaging in conduct that violates the 4thAmendment. State v. Campbell, 297 Kan. 273, 300 P.3d 72 (2013).

163. Attenuation analysis in discovery of arrest warrant following illegal detention discussed. State v. Moralez, 297 Kan. 397, 300 P.3d 1090 (2013).

164. Warrantless search of package located in an automobile allowed if officers have probable cause to believe contraband or evidence is contained therein. State v. Bierer, 49 Kan. App. 2d 403, 308 P.3d 10 (2013).

165. The evidence was held to have been unlawfully seized and the defendant's statements inadmissible. State v. Phillips, 49 Kan. App. 2d 775, 315 P.3d 887 (2013).

166. In light of the public interest considerations surrounding case, defendant's appeal would not be abated because of his death. State v. Karson, 297 Kan. 634, 304 P.3d 317 (2013).

167. With regard to the emergency aid exception, section 15 of the bill of rights of the Kansas Constitution provides the same protection from unlawful government searches and seizures as the 4thAmendment to the U.S. constitution. State v. Neighbors, 299 Kan. 234, 328 P.3d 1081 (2014).

168. Probable cause existed to search vehicle where officer observed plastic baggie with corner torn off in vehicle's cup holder during traffic stop and officer's experience that such baggies could be used to transport illegal drugs. State v. Howard, 51 Kan. App. 2d 28, 40–41, 339 P.3d 809 (2014).

169. K.S.A. 2014 Supp. 8-1025 unconstitutionally criminalizes refusal to submit to a breath test and imposes an unconstitutional condition on the privilege to drive. State v. Wycoff, 303 Kan. 885, 886, 367 P.3d 1258 (2016).

170. K.S.A. 2014 Supp. 8-1025 is facially unconstitutional as it criminally punishes a driver who exercises the right to withdraw consent to a search. State v. Ryce, 303 Kan. 899, 963, 368 P.3d 342 (2016); State v. Wilson, 303 Kan. 973, 975, 368 P.3d 1086 (2016).

171. An individual has a right based on the 4th Amendment to the United States constitution and section 15 of the bill of rights of the constitution of the state of Kansas to withdraw consent to a search, including a consent implied by operation of K.S.A. 2015 Supp. 8-1025. State v. Kraemer, 52 Kan. App. 2d 686, 371 P.3d 954 (2016).

172. Warrant to search a described premises includes any automobiles on the premises that are either owned or under the control and dominion of the premises owner or resident or, alternatively, those vehicles that appear, based on objectively reasonable indicia present at the time of the search, to be so controlled. State v. Patterson, 304 Kan. 272, 371 P.3d 893 (2016).

173. When an anticipatory search warrant covering a place is triggered upon the controlled delivery of contraband to that location, the means employed to deliver the contraband must be performed under the control and supervision of law enforcement officers and establish a fair probability that the contraband will be found inside the location upon execution of the search warrant. State v. Mullen, 304 Kan. 347, 371 P.3d 905 (2016).

174. Failure of warrant to describe items to be seized did not result in reversal of conviction where overwhelming nature of evidence would have convicted defendant. State v. Kleypas, 305 Kan. 224, 257, 382 P.3d 373 (2016).

175. State failed to prove that statements made by defendant were voluntary when officer used strong language that implied a threat of physical harm if the defendant did not answer questions and minimized the importance of the Miranda warnings. State v. Guein, 53 Kan. App. 2d 394, 388 P.3d 194 (2017), rev. granted (September 29, 2017).

176. Officer's observations of the actions of the passenger of a car and the officer's training and experience supplied the officer with probable cause to search the car. State v. Howard, 305 Kan. 984, 389 P.3d 1280 (2017).

177. To the extent that K.S.A. 8-1012 criminalizes a person's right to withdraw consent to what amounts to a warrantless search, the statute violates a suspect's 4th Amendment rights. State v. Robinson, 55 Kan. App. 2d 209, 221, 410 P.3d 923 (2017).

178. Field sobriety tests do not constitute searches under section 15. City of Leawood v. Puccinelli, 56 Kan. App. 3d 108, 115, 424 P.3d 560 (2018).

179. The state bears the burden to show that the attenuation doctrine should be applied to allow the admission of evidence. State v. Manwarren, 56 Kan. App. 2d 939, 440 P.3d 606 (2019).

180. The provision in K.S.A. 21-6607 for random drug and alcohol testing as condition of probation does not, on its face, violate section 15 of the Kansas Bill of Rights. State v. Hinnenkamp, 57 Kan. App. 2d 1, 446 P.3d 1103 (2019).

181. A trooper must diligently and reasonably pursue the purpose of a traffic stop. State v. Arrizabalaga, 57 Kan. App. 2d 79, 447 P.3d 391 (2019), rev. granted (February 25, 2020).

182. Lawful consent to search a residence was provided by a defendant's nonverbal, affirmative communication. State v. Diano, 57 Kan. App. 2d 653, 668, 458 P.3d 252 (2020).

183. A traffic stop of vehicle driving in a passing lane, and an extension of the traffic stop to allow a drug dog search, was lawful. State v. Arceo-Rojas, 57 Kan. App. 2d 741, 753, 458 P.3d 272 (2020).

184. A public safety or welfare check is not for investigative purposes and must end when the officer determines the citizen is not in need of help, unless the public safety stop itself gives the officer grounds to form a reasonable suspicion of criminal activity that lawfully expands the scope of the check into a criminal investigation. State v. Ellis, 311 Kan. 925, 469 P.3d 65 (2020).

185. An individual may communicate valid consent through nonverbal conduct, if such conduct clearly expresses an individual's unequivocal, specific, free and intelligent consent, in the absence of duress or coercion, under the totality of the circumstances, and does not constitute mere acquiescence to a claim of lawful authority. State v. Daino, 312 Kan. 390, 475 P.3d 354 (2020).

186. Applying State v. Perkins, 310 Kan. 764, 449 P.3d 756 (2019), to the circumstances of this case, the good-faith exception to the exclusionary rule applies, which allowed the district court to consider the results of a blood test for blood alcohol content even though the Kansas Supreme Court would later hold that K.S.A. 2013 Supp. 8-1025 was unconstitutional. City of Kingman v. Ary, 312 Kan. 408, 475 P.3d 1240 (2020); see also State v. Heim, 312 Kan. 420, 475 P.3d 1248 (2020).

187. Investigatory detention was reasonable under totality of the circumstances when nearby parked minivan was moved into alleyway and lights turned off as officers responded to 911 call. State v. Bates, 316 Kan. 174, 513 P.3d 483 (2022).

188. Emergency aid exception allowed warrantless search of purse when officer had objectively reasonable belief that semiconscious person needed emergency assistance and the manner and scope of the search was reasonable even though medical responders had arrived. State v. Dixon, 64 Kan. App. 2d 1, 543 P.3d 556 (2024).