KS: Person on premises when SW arrived could be searched

Objective facts supported search of person found on the premises during execution of a search warrant, even though the officer did not intend to arrest him. State v. Beltran, 48 Kan. App. 2d 857, 300 P.3d 92 (2013):

We affirm the district court but decline to do so on its determination the officer had probable cause to search Beltran or its alternative rationale based on inevitable discovery. The simple facts of this case filtered through the United States Supreme Court’s established Fourth Amendment jurisprudence, most notably Devenpeck v. Alford, 543 U.S. 146, 125 S. Ct. 588, 160 L. Ed. 2d 537 (2004), lead to the paradoxical conclusion that although the officer expressly disclaimed any intent to arrest Beltran before the search, an objectively reasonable officer would have had probable cause to arrest Beltran for obstruction, and the search would have been constitutionally acceptable as an incident of that justifiable, if theoretical, arrest. Because search and seizure analysis is driven by objective reasonableness rather than subjective intent, as Devenpeck makes clear, the search comported with the Fourth Amendment to the United States Constitution, so the district court reached the right result.