State v. Karson
297 Kan. 634
| Kan. | 2013Background
- Karson arrested March 12, 2007 for an outstanding traffic warrant; officer searched Karson’s car incident to arrest and found drugs and paraphernalia.
- Karson challenged the broadened scope of search incident to arrest created by the 2006 amendment to K.S.A. 22-2501(c).
- Gant (2009) held warrantless vehicle searches invalid absent arrestee proximity or belief evidence of the crime of arrest; Henning (2009) declared 22-2501(c) unconstitutional as too broad.
- District court denied suppression; Karson was convicted on both counts after a bench trial.
- Court of Appeals affirmed, adopting a good-faith exception to suppress evidence; Karson died during review; the State contends the appeal should be moot but the Court proceeds to the merits.
- The Court held death does not abate the direct appeal and addressed the good-faith issue, ultimately applying the good-faith exception because officers reasonably relied on 22-2501(c) before Gant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Karson’s death abates the direct appeal | Karson’s death does not abate appeal. | N/A (Karson deceased) | Death does not abate the appeal. |
| Whether the good-faith exception applies to the search | Exclusion should apply; search invalid under Gant/Henning. | Good-faith exception applies due to reasonable reliance on statute. | Good-faith exception applies; evidence admitted. |
| Whether retroactivity or lack of evidence of reliance defeats the good-faith exception | Gant/Henning require suppression; retroactivity issue. | Davis and Dennis Daniel support reliance and applicability. | No; good-faith exception remains viable. |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits warrantless vehicle searches to certain arrestee circumstances)
- State v. Henning, 289 Kan. 136 (Kan. 2009) (declared 22-2501(c) unconstitutional as overbroad)
- State v. Dennis, 297 Kan. 229 (Kan. 2013) (good-faith exception applied for searches before Gant)
- State v. Daniel, 291 Kan. 490 (Kan. 2010) (good-faith reliance on statute before invalidation)
- Davis v. United States, 564 U.S. 229 (U.S. 2011) (good-faith exception for unlawful search when reliance on precedent exists)
- Illinois v. Krull, 480 U.S. 340 (U.S. 1987) (established good-faith exception for administrative searches prior to invalidation)