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262 P.3d 689
Kan. Ct. App.
2011
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Background

  • Stopped for failing to signal within proper distance; vehicle had sole occupant Stevenson.
  • Officers detected an extremely strong odor of alcohol inside the car; Stevenson not shown intoxicated.
  • Search of the car occurred without Stevenson’s consent; officers found a large wine bottle leaking wine, methamphetamine paraphernalia, and scales.
  • Methamphetamine found in Stevenson’s wallet after arrest; Stevenson convicted of possession at bench trial on stipulated facts.
  • Stevenson moved to suppress; district court denied the motion, ruling the odor provided probable cause for an open-container search and the search incident to arrest was valid.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does a very strong odor of alcohol from inside a vehicle, with the occupant excluded, establish probable cause to search for open containers? Stevenson argues odor alone is insufficient. State argues odor plus totality of circumstances justifies search. Yes; odor plus excluded source constitutes probable cause.

Key Cases Cited

  • State v. Fitzgerald, 286 Kan. 1124 (2008) (probable cause review is de novo in suppression rulings)
  • State v. Bickerstaff, 26 Kan. App. 2d 423 (1999) (odor plus other factors can establish probable cause to search a vehicle)
  • State v. Ibarra, 282 Kan. 530 (2006) (odor of legal substance alone may not justify a search; must be part of totality of circumstances)
  • State v. Wigginton, 142 Idaho 180 (2005) (overwhelming odor plus other information can indicate open container; takes factual context into account)
  • State v. Morlock, 289 Kan. 980 (2009) (circumstances allowing broadened inquiry if suspicions extend beyond traffic stop)
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Case Details

Case Name: State v. Stevenson
Court Name: Court of Appeals of Kansas
Date Published: Sep 16, 2011
Citations: 262 P.3d 689; 46 Kan. App. 2d 474; 2011 Kan. App. LEXIS 135; 104,115
Docket Number: 104,115
Court Abbreviation: Kan. Ct. App.
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