State v. Carlton

304 P.3d 323, 297 Kan. 642, 2013 WL 3122518
CourtSupreme Court of Kansas
DecidedJune 21, 2013
DocketNo. 103,086
StatusPublished
Cited by15 cases

This text of 304 P.3d 323 (State v. Carlton) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carlton, 304 P.3d 323, 297 Kan. 642, 2013 WL 3122518 (kan 2013).

Opinion

[643]*643The opinion of the court was delivered by

Biles, J.:

Frederick W. Carlton seeks review of a divided Court of Appeals decision. The panel reversed the district court’s order suppressing drug evidence obtained during a vehicle search conducted incident to Carlton’s arrest following a traffic stop. The panel majority acknowledged the vehicle search was later invalidated by Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009), but held that the drug evidence should not be suppressed because at the time Carlton’s vehicle was searched, existing caselaw and K.S.A. 22-2501(c) permitted a search incident to arrest to discover evidence of a crime. State v. Carlton, No. 103,086, 2010 WL 2817048, at *2 (Kan. App. 2010) (unpublished opinion). We affirm the Court of Appeals judgment that the good-faith exception to the exclusionary rule applies and suppression is unnecessary. Our holding is based on two recent decisions in State v. Dennis, 297 Kan. 229, 300 P.3d 81 (2013), and State v. Daniel, 291 Kan. 490, 242 P.3d 1186 (2010), cert. denied 131 S. Ct. 2114 (2011).

Factual and Procedural Background

On June 18, 2008, a police officer observed Carlton driving a pickup truck with expired tags. The officer stopped the vehicle and learned Carlton’s driving privileges were revoked. The officer arrested Carlton on that basis. Once Carlton was handcuffed and placed in a patrol car, the officer searched Carlton’s truck incident to the arrest and discovered methamphetamine, marijuana, and drug paraphernalia.

Carlton filed a motion to suppress, arguing the evidence found after the traffic stop was obtained from an illegal search. The district court denied the motion. But a little more than 2 months later, the United States Supreme Court decided Gant, which prohibited police from conducting warrantless vehicle searches incident to an occupant’s arrest unless “the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.” 556 U.S. at 351. Following this decision, Carlton filed a second motion to suppress based on Gant.

[644]*644The district court initially upheld its decision denying suppression based on the good-faith exception to the exclusionary rule but reversed itself once Carlton sought reconsideration before trial. The State filed an interlocutory appeal on the district court’s final decision to suppress tire drug evidence. A divided Court of Appeals panel reversed the district court’s suppression ruling and remanded the case for further proceedings consistent with its opinion. Carlton, 2010 WL 2817048, at *2-3.

The panel members unanimously agreed the search was unconstitutional under Gant and State v. Henning, 289 Kan. 136, Syl. ¶ 6, 209 P.3d 711 (2009), which declared K.S.A. 22-2501(c) invalid based on Gant. But that determination did not resolve the case because the court still needed to determine whether the good-faith exception to the exclusionary rule applied since K.S.A. 22-2501(c) was not held to be unconstitutional until after the search occurred. The panel majority concluded an objectively reasonable officer could rely on the validity of K.S.A. 22-2501(c) at the time of the search, so the good-faith exception applied. Carlton, 2010 WL 2817048, at *2.

In a dissenting opinion, Judge Henry Green argued the evidence should be suppressed. First, he noted that both Gant and Henning invoked the suppression remedy, so he believed Carlton also should be given that remedy based on the retroactivity rules set forth in Griffith v. Kentucky, 479 U.S. 314, 325, 107 S. Ct. 708, 93 L. Ed. 2d 649 (1987). Second, he contended the caselaw regarding the validity of a vehicle search incident to arrest was not well settled. And third, he argued our decision in Henning declaring K.S.A. 22-2501(c) unconstitutional revived an older version of the statute that would not have authorized the search of Carlton’s vehicle. Carlton, 2010 WL 2817048, at *3-5.

Carlton petitioned this court for review, raising three challenges to the panel majority’s decision: (1) retroactivity rules required applying both the rule and the suppression remedy from Gant; (2) the panel majority’s reliance on Illinois v. Krull, 480 U.S. 340, 349-50, 107 S. Ct. 1160, 94 L. Ed. 2d 364 (1987), was misplaced because that case dealt with administrative searches, not criminal [645]*645searches; and (3) the panel majority should have applied the former version of K.S.A. 22-2501 in light of the Henning decision.

We granted review of Carlton’s petition in conjunction with two other Court of Appeals decisions considering the same issue but reaching differing outcomes and rationales: State v. Dennis, No. 101,052, 2011 WL 425987 (Kan. App. 2011) (unpublished decision) (denying application of good-faith exception), rev. granted May 31, 2011; State v. Karson, 44 Kan. App. 2d 306, 314, 235 P.3d 1260 (2010) (applying good-faith exception), rev. granted May 31, 2011. Our jurisdiction arises under K.S.A. 20-3018(b) (review of Court of Appeals decision).

The Good-faith Exception Applies

Carlton seeks to suppress the evidence discovered during the search incident to his arrest under K.S.A. 22-2501(c), which was later found to be unconstitutional. The State argues a good-faith exception applies and suppression is inappropriate because an objectively reasonable officer could rely on the statute as authority for the search on the date it occurred.

Standard of Review

Our review of an evidence suppression issue is bifurcated. Without reweighing the evidence, the appellate court first examines the district court’s findings to determine whether they are supported by substantial competent evidence. State v. Sanchez-Loredo, 294 Kan. 50, 54, 272 P.3d 34 (2012). The district court’s legal conclusions are then reviewed de novo.

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Cite This Page — Counsel Stack

Bluebook (online)
304 P.3d 323, 297 Kan. 642, 2013 WL 3122518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carlton-kan-2013.