22-2501. History: L. 1970, ch. 129, § 22-2501; Revived and amended, L. 2006, ch. 211, § 8; Repealed, L. 2011, ch. 100, § 22; July 1. Law Review and Bar Journal References: "Searches Incident to a Lawful Arrest," Keith G. Meyer, 41 J.B.A.K. 365, 368, 395, 398 (1972). Reasons for delay in the courts, George S. Reynolds, 12 W.L.J. 12, 16 (1972). "Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 412 (1979). "Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996). Survey of Recent Cases, 46 K.L.R. 880 (1998). "The potential civil liability of law enforcement officers and agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998). "Legislative Midsession Update," James Clark, 74 J.K.B.A. No. 4, 21 (2005). Criminal Procedure Survey, 55 K.L.R. 797 (2007). "Paradigm Shifts in Search and Suppression Law," Kathryn Gardner, 79 J.K.B.A. No. 4, 22 (2010). CASE ANNOTATIONS 1. Search of locked trunk of motor vehicle made incident to lawful arrest upheld. State v. Undorf, 210 Kan. 1, 5, 499 P.2d 1105. 2. Mentioned; distinguished from "stop and frisk" under K.S.A. 22-2402; evidence properly suppressed thereunder. State v. Jackson, 213 Kan. 219, 222, 515 P.2d 1108. 3. Construed; search of vehicle without warrant held incident of valid arrest; reasonable. State v. Tygart, 215 Kan. 409, 411, 524 P.2d 753. 4. Search of person held lawful where probable cause to believe felony warrant issued in another jurisdiction. State v. Van Buren, 217 Kan. 182, 183, 535 P.2d 456. 5. Inventory search of automobile was illegal; scope; confession inadmissible. State v. Boster, 217 Kan. 618, 620, 623, 539 P.2d 294. 6. Lawful search may precede formal arrest when probable cause for arrest exists. State v. Barnes, 220 Kan. 25, 28, 551 P.2d 815. 7. Applied; order suppressing evidence on grounds of illegal seizure held proper. State v. Youngblood, 220 Kan. 782, 784, 556 P.2d 195. 8. Absent statutory authority, a person against whom search warrant is directed may not dispute supporting affidavit. State v. Sanders, 222 Kan. 189, 195, 563 P.2d 461. 9. Laws governing searches and seizure generally not applicable to electronic eavesdropping; K.S.A. 22-2514 et seq. governs. State v. Adams, 2 Kan. App. 2d 135, 138, 576 P.2d 242. 10. Weapons discovered during search of purse of companion of defendant properly received into evidence. State v. Thompson, 3 Kan. App. 2d 426, 431, 596 P.2d 174. 11. Applied; seized cocaine admissible as product of search incident to warrantless arrest. State v. Hagan, 3 Kan. App. 2d 558, 562, 598 P.2d 550. 12. Warrantless search of automobile after defendant arrested for speeding and no longer in car violates constitution. State v. Sanders, 5 Kan. App. 2d 189, 195, 614 P.2d 998. 13. By enactment of statute, legislature did not intend to preclude other warrantless searches which meet constitutional requirement of reasonableness. State v. Garcia & Bell, 210 Kan. 806, 809, 810, 504 P.2d 172 (1972). 14. Warrantless search of defendant's automobile passenger compartment and trunk incident to lawful arrest for DUI upheld. State v. Press, 9 Kan. App. 2d 589, 592, 598, 685 P.2d 887 (1984). 15. Cited; where no basis existed for suspecting criminal activity, stopping defendants was unlawful seizure; subsequent auto search also unlawful (K.S.A. 22-2402). State v. Epperson, 237 Kan. 707, 715, 703 P.2d 761 (1985). 16. Where probable cause to arrest existed, items taken from defendant admissible as incidental to lawful arrest. State v. Gardner, 10 Kan. App. 2d 408, 411, 701 P.2d 703 (1985). 17. By enactment of statute, legislature did not intend to preclude other warrantless searches which meet constitutional requirement of reasonableness. State v. Garcia & Bell, 210 Kan. 806, 809, 810, 504 P.2d 172 (1972). 18. Seizure of person and pat-down search examined; circumstances determined insufficient to justify stop and frisk. State v. Burks, 15 Kan. App. 2d 87, 91, 803 P.2d 587 (1991). 19. Cited in holding that specific statutory authority not a prerequisite to stop a vehicle at sobriety checkpoint. Davis v. Kansas Dept. of Revenue, 252 Kan. 224, 229, 843 P.2d 260 (1992). 20. Evidence suppressed where officer conducted search incident to arrest not based on statutory purpose. State v. Anderson, 259 Kan. 16, 19, 24, 910 P.2d 180 (1996). 21. Trial court error in allowing evidence found in defendant's car while impounded ruled harmless. State v. Bornholdt, 261 Kan. 644, 656, 932 P.2d 964 (1997). 22. Justification for "stop and frisk" search considered. State v. Schmitter, 23 Kan. App. 2d 547, 552, 553, 933 P.2d 762 (1997). 23. No record of defendant's factual assertions created indicating search not properly conducted incidental to arrest. City of Dodge City v. Hadley, 262 Kan. 234, 242, 936 P.2d 1347 (1997). 24. Police officer may not search a person incident to arrest of another person in close proximity (both in back seat of parked taxi) absent reasonable suspicion person has committed or is about to commit a crime. State v. Davis, 28 Kan. App. 2d 75, 11 P.3d 1177 (2000). 25. Warrantless no-knock entry into residence by officer supported by exigent circumstances. Estate of Fuentes ex rel. Fuentes v. Thomas, 107 F. Supp. 2d 1288, 1297 (2000). 26. Exigent circumstances found to exist for warrantless search of automobile glove compartment wherein a loaded 9mm handgun was found. State v. Box, 28 Kan. App. 2d 401, 17 P.3d 386 (2000). 27. Warrantless arrest and subsequent search affirmed based on information proved by informant. State v. Abbott, 277 Kan. 161, 83 P.3d 794 (2004). 28. Warrantless search of automobile lawful under exigent circumstances exception; defendant gave trooper false name giving rise to obstruction of official duty. State v. Conn, 278 Kan. 387, 99 P.3d 1108 (2004). 29. Search of vehicle not search incident to arrest where person already searched, handcuffed and in police car. State v. Vandevelde, 36 Kan. App. 2d 262, 275, 138 P.3d 771 (2006). 30. 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, 171 P.3d 660 (2007). 31. Cited in case involving an unlawfully detained person when outstanding warrant discovered; evidence not suppressed. State v. Martin, 285 Kan. 994, 1004, 179 P.3d 457 (2008). 32. Held violative of 4th Amendment and Section 15 of Kansas Constitution Bill of Rights. State v. Henning, 289 Kan. 136, 209 P.3d 711 (2009). 33. Search of vehicle upheld; case law on vehicle searches discussed and applied. State v. Davison, 41 Kan. App. 2d 140, 202 P.3d 44 (2009). 34. Exclusionary rule does not apply to evidence obtained by police under the statute before the statute was declared unconstitutional. State v. Daniel, 291 Kan. 490, 242 P.3d 1186 (2010). 35. Permitted search only includes the area within an arrestee's immediate presence. State v. Oram, 46 Kan. App. 2d 899, 266 P.3d 1227 (2011). 36. An officer's subjective understanding of the statute is not determinative of whether there was objectively reasonable reliance on the statute. State v. Dennis, 297 Kan. 229, 300 P.3d 81 (2013). 37. Suppression of evidence was inappropriate because an objectively reasonable officer could rely on statute as it existed at the time of the search and before statute was deemed unconstitutional. State v. Carlton, 297 Kan. 642, 304 P.3d 323 (2013). 38. Once an arrestee is handcuffed and secured within a patrol car, the arrestee's vehicle is no longer within the arrestee's "immediate presence" to justify a search incident to arrest. State v. Pettay, 299 Kan. 763, 771, 326 P.3d 1039 (2014). 39. State's authority to adopt measures protecting individual's rights for searches incident to arrest. State v. 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