subclass of the probable-cause-plus-exigent-circumstances exception (Kansas) · Go Syfert
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subclass of the probable-cause-plus-exigent-circumstances exception in Kansas

7 Kansas opinions name it 2 courts 2012–2021 1 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Stevensongreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2018–2018
2 sentences

2018See State v. Stevenson , 299 Kan. 53 , 58, 321 P.3d 754 (2014) (stating that the automobile exception to the Fourth Amendment is a subclass of the probable-cause-plus-exigent-circumstances exception under which, "[i]f a vehicle is readily mobile and probable cause exists to believe the vehicle contains contraband or evidence of a crime, the Fourth Amendment does not require a warrant for police to search the vehicle").

2018See State v. Stevenson , 299 Kan. 53 , 58, 321 P.3d 754 (2014) (stating that the automobile exception to the Fourth Amendment is a subclass of the probable-cause-plus-exigent-circumstances exception under which, "[i]f a vehicle is readily mobile and probable cause exists to believe the vehicle contains contraband or evidence of a crime, the Fourth Amendment does not require a warrant for police to search the vehicle").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Sanchez-Loredo green
kan · 2012
2 sentences

2021As a result, "[i]f a vehicle is readily mobile and probable cause exists to believe the vehicle contains contraband or evidence of a crime, the Fourth Amendment does not require a warrant for police to search the vehicle." 294 Kan. 50 , Syl. ¶ 4.

2021This is because "[u]nder the automobile exception to the Fourth Amendment's warrant requirement, which is a subclass of the probable-cause-plus-exigent-circumstances exception, the mobility of the vehicle provides the exigent circumstances without the necessity of proving anything more." 294 Kan. 50 , Syl. ¶ 4.

42013–2021
State v. Parker green
kan · 2018
1 sentence

2020The automobile exception provides that a warrant is not required to search a vehicle as long as 'probable cause exists to believe the vehicle contains contraband or evidence of a crime' and the vehicle is 'readily mobile.' The probable cause analysis reviews the totality of the circumstances to determine the probability that the vehicle contains contraband or evidence. [Citations omitted.]" Doelz, 309 Kan. at 143 . "[I]f the material facts are undisputed, as they are in [this] appeal, the suppression issue simply presents a question of law subject to de novo review. [Citation omitted.]" Parker

12020–2020
State v. Doelz green
kan · 2019
1 sentence

2020The automobile exception provides that a warrant is not required to search a vehicle as long as 'probable cause exists to believe the vehicle contains contraband or evidence of a crime' and the vehicle is 'readily mobile.' The probable cause analysis reviews the totality of the circumstances to determine the probability that the vehicle contains contraband or evidence. [Citations omitted.]" Doelz, 309 Kan. at 143 . "[I]f the material facts are undisputed, as they are in [this] appeal, the suppression issue simply presents a question of law subject to de novo review. [Citation omitted.]" Parker

12020–2020
Arizona v. Gant green
scotus · 2009
2 sentences

2018Torres also addresses the Court of Appeals' conclusion that the officer lawfully conducted the search and seizure under the search-incident-to-lawful-arrest exception as applied in Gant -that is, where law enforcement officers "search a vehicle incident to a recent occupant's arrest." Gant , 556 U.S. at 343 , 129 S.Ct. 1710 .

2018Torres also addresses the Court of Appeals' conclusion that the officer lawfully conducted the search and seizure under the search-incident-to-lawful-arrest exception as applied in Gant -that is, where law enforcement officers "search a vehicle incident to a recent occupant's arrest." Gant , 556 U.S. at 343 , 129 S.Ct. 1710 .

12018–2018
State v. Conn green
kan · 2004
2 sentences

2012Ed. 2d 406 (1985); State v. Conn, 278 Kan. 387, 395 , 99 P.3d 1108 (2004).

2012Ed. 2d 406 (1985); State v. Conn, 278 Kan. 387, 395 , 99 P.3d 1108 (2004).

12012–2012
California v. Carney green
scotus · 1985
2 sentences

2012Frequently, the State meets the exigency requirement by relying on a subclass of the probable-cause-plus-exigent-circumstances exception referred to as the “automobile exception.” See California v. Carney, 471 U.S. 386, 390 , 105 S. Ct. 2066 , 85 L.

2012Frequently, the State meets the exigency requirement by relying on a subclass of the probable-cause-plus-exigent-circumstances exception referred to as the “automobile exception.” See California v. Carney, 471 U.S. 386, 390 , 105 S. Ct. 2066 , 85 L.

12012–2012

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