{"id":35376,"date":"2018-11-05T08:11:45","date_gmt":"2018-11-05T13:11:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35376"},"modified":"2018-11-05T08:11:45","modified_gmt":"2018-11-05T13:11:45","slug":"ks-def-was-removed-from-a-van-and-her-purse-left-behind-it-wasnt-subject-to-search-incident","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35376","title":{"rendered":"KS: Def was removed from a van and her purse left behind; it wasn&#8217;t subject to search incident"},"content":{"rendered":"<p>Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she\u2019d been handcuffed and led away. The state\u2019s argument that inevitable discovery would have applied because her purse would have been inventoried at the jail is rejected as unproven. The state put on no proof that would have happened. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/CtApp\/2018\/20181102\/118905.pdf\">State v. Ritchey<\/a>, 2018 Kan. App. LEXIS 62 (Nov. 2, 2018).<\/p>\n<p>The question of the legality of the seizure of defendant\u2019s blood was harmless at best on this record of his intoxication. <a href=\"https:\/\/www.nebraska.gov\/apps-courts-epub\/public\/viewAdvanced?docId=N00006287PUB\">State v. Thompson<\/a>, 301 Neb. 472 (Nov. 2, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she\u2019d been handcuffed and led away. The state\u2019s argument that inevitable &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35376\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55,26],"tags":[],"class_list":["post-35376","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35376","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35376"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35376\/revisions"}],"predecessor-version":[{"id":35377,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35376\/revisions\/35377"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}