State v. Beltran, 300 P.3d 92

Beltran was a visitor at a drug-related house when officers executed a search warrant for drugs; no warrant or affidavit was in the record for Beltran’s person; McClay detained Beltran under Summers while searching the house; Beltran initially refused to stop or to remove his hand from his pocket; McClay grabbed Beltran and searched his pocket, yielding cocaine and $221; marijuana was found in the living room and a bedroom during the search, with no direct link to Beltran at that time; the district court denied suppression and upheld the search on probable cause/inevitable discovery grounds, which the court later analyzed under an objective standard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the search of Beltran violated the Fourth Amendment	Beltran argues unlawful search; no probable cause to search him.	Beltran contends Summers did not justify a full search of him.	No; search upheld as incident to arrest for obstruction (objective reasonableness under Devenpeck).
Whether McClay had reasonable suspicion or probable cause to search Beltran for weapons/drugs	McClay lacked probable cause; mere presence at the drug house isn’t enough.	Presence plus evasive conduct supports reasonable suspicion, possibly probable cause.	Insufficient for probable cause to search; pat-down only, but exclusive finding shifts to probable cause for obstruction.
Whether the inevitable discovery doctrine salvages the evidence	Marijuana in the house would lead to probable cause to search Beltran.	Inevitably discovered drugs cannot be linked to Beltran’s possession.	Inevitable discovery fails to rescue the search; cannot admit cocaine/money on that basis.
Whether there was probable cause to arrest Beltran for obstruction and search incident to arrest was valid	No probable cause to arrest for obstruction.	Objective facts would have supported probable cause to arrest for obstruction; search valid incident to that arrest.	Objectively reasonable officer would have probable cause to arrest for obstruction; search incident to that arrest was constitutionally valid.

Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (objective reasonableness governs Fourth Amendment analysis; arrest for different offense may validate search)
Michigan v. Summers, 452 U.S. 692 (U.S. 1981) (warrant to search carries power to detain occupants during the search)
Ybarra v. Illinois, 444 U.S. 85 (U.S. 1979) (probable cause must be particularized to the person searched; limited pat-down may be allowed)
Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause to issue a search warrant requires a fair probability of finding contraband in a specific place)
United States v. Robinson, 414 U.S. 218 (U.S. 1973) (search incident to arrest may be conducted within certain limits)
Whren v. United States, 517 U.S. 806 (U.S. 1996) (subjective intent of officer does not govern Fourth Amendment reasonableness)
Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (reiterated objective standard; label of crime not controlling)
Knowles v. Iowa, 525 U.S. 113 (U.S. 1998) (Knowles discussed limits of search incident to citation; not controlling here)
State v. Beaver, 41 Kan. App. 2d 124 (Kan. App. 2009) (illicit drugs in residence of guest may not establish possession for purposes of probable cause)
State v. Ingram, 279 Kan. 745 (Kan. 2005) (probable cause to arrest for one offense may support evidence found later)