State v. Daniel

242 P.3d 1186, 291 Kan. 490, 2010 Kan. LEXIS 807
CourtSupreme Court of Kansas
DecidedNovember 19, 2010
Docket101,622
StatusPublished

This text of 242 P.3d 1186 (State v. Daniel) 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. Daniel, 242 P.3d 1186, 291 Kan. 490, 2010 Kan. LEXIS 807 (kan 2010).

Opinions

The opinion of the court was delivered by

Biles, J.:

Candy Starlene Daniel appeals her conviction of possession of methadone, which was found during a warrantíess search of her vehicle following her arrest for driving with a suspended license. The district court determined the search lawful under K.S.A. 22-2501(c), which at the time authorized certain searches incident to an arrest for the limited purpose of “discovering the fruits, instrumentalities, or evidence of a crime.”

A unique issue arises because K.S.A. 22-2501(c) was declared unconstitutional while Daniel was appealing her conviction based on the warrantless search of her vehicle. See State v. Henning, 289 Kan. 136, 148-49, 209 P.3d 711 (2009), which applied Arizona v. Gant, 556 U.S. 332, 173 L. Ed. 2d 485, 129 S. Ct. 1710 (2009) [492]*492(vehicle search without warrant prohibited unless arrestee is within reaching distance of passenger compartment at time of search or there is reasonable belief the vehicle contains evidence of the crime of the arrest).

The State concedes that under Gant and Henning the search was illegal, so the usual rule would require exclusion of the illegally seized evidence. But the State asks us to salvage Daniel’s conviction by applying a good-faith exception to the exclusionary rule. The United States Supreme Court has recognized some good-faith exceptions when it was determined an officer acted in objectively reasonable reliance of certain circumstances outside of the officer’s control. See Herring v. United States, 555 U.S. 135, 143, 172 L. Ed. 2d 496, 129 S. Ct. 695 (2009) (officer relied on negligently maintained police records); Illinois v. Krull, 480 U.S. 340, 349-50, 94 L. Ed. 2d 364, 107 S. Ct. 1160 (1987) (officer relied on statute); United States v. Leon, 468 U.S. 897, 922-23, 82 L. Ed. 2d 677, 104 S. Ct. 3405, reh. denied 468 U.S. 1250 (1984) (officer relied on facially valid warrant). To date, this court has applied a good-faith exception only when the officer relied on a warrant subsequently determined to be unsupported by probable cause. State v. Hoeck, 284 Kan. 441, 163 P.3d 252 (2007) (applying Leon). The State argues the officer who searched Daniel’s vehicle reasonably relied on both the facial validity of K.S.A. 22-2501(c) and then-existing case law authorizing the search.

This court has not previously considered whether to apply a good-faith exception to the exclusionary rule based upon an officer’s good faith reliance on a statute. Even when we struck down K.S.A. 22-2501(c) in Henning, we did not address whether a good-faith exception saved the illegally seized evidence from exclusion. We simply affirmed the district court’s suppression of that evidence. 289 Kan. at 148-49. Similarly, the United States Supreme Court in Gant did not address whether a good-faith exception was applicable when it affirmed suppression of the challenged evidence at issue in that case. See 173 L. Ed. 2d at 497-501. Daniel understandably argues that Gant and Henning support suppressing the evidence in her case, and that point carries with it a quantum of fairness, as well as support from some other jurisdictions. United [493]*493States v. Gonzalez, 578 F.3d 1130, 1132 (9th Cir. 2009) (holding good-faith exception inapplicable when officers relied on circuit’s erroneous pre-Gani jurisprudence), reh. and reh. en banc denied 598 F.3d 1095, 1096 (9th Cir. 2010); United States v. Debruhl, 993 A.2d 571, 589 (D.C. Cir. 2010) (same); People v. McCarty, 229 P.3d 1041, 1045-46 (Colo. 2010) (same); Valesquez v. Corn., 2010 WL 567325, at *3 (Ky. App. 2010) (unpublished opinion) (same).

But our Court of Appeals has taken a different view and recently applied the good-faith exception under facts similar to this case. See State v. Karson, 44 Kan. App. 2d 306, 314, 235 P.3d 1260 (2010) (affirming conviction on drug charges based on evidence discovered during warrantless search of a parked truck after arresting the owner for outstanding traffic violations); State v. Carlton, No. 103,086, unpublished opinion filed July 9, 2010, pet. for rev. filed August 5, 2010 (pending) (reversing district court’s suppression of drugs and paraphernalia discovered in warrantless vehicle search incident to arrest for driving with suspended license). Many other jurisdictions also have followed this approach. See, e.g., United States v. McCane, 573 F.3d 1037, 1041-45 (10th Cir. 2009), cert. denied 176 L. Ed. 2d 759 (2010) (good-faith exception applies when officers relied on circuit’s then-prevailing pre-Gant jurisprudence); see also United States v. Davis, 598 F.3d 1259, 1264 (11th Cir. 2010) (same); United States v. Lopez, 655 F. Supp. 2d 720, 725 (E.D. Ky. 2009) (same); United States v. Gray, 2009 WL 4739740, at #4 (D. Neb. 2009) (unpublished opinion) (same); State v. Baker, 229 P.3d 650, 663-64 (Utah 2010) (same); State v. Dearborn, 786 N.W.2d 97, 107-10 (Wisc. 2010) (same).

As explained below, we hold prior precedent compels recognizing a good-faith exception when it can be determined the officer conducting the search incident to arrest was acting in objectively reasonable reliance on K.S.A. 22-2501(c). This exception is applicable for searches occurring before Gant was decided on Aprü 21, 2009. Accordingly, we affirm Daniel’s conviction.

Factual and Procedural Background

The facts are stipulated by the parties and not in dispute. Augusta Police Officer Matthew Meckel saw Daniel driving and knew [494]*494her driver’s license was suspended. By the time Meckel pulled his patrol vehicle behind Daniel’s car, she had parked in a private driveway and was walking away. After confirming Daniel’s license was suspended during his initial contact with her, Meckel handcuffed Daniel and patted her down. Nothing illegal was found. Meckel placed her in the back of his. patrol car, where she was secured and monitored by a second officer who had subsequently arrived at the scene. Meckel then searched Daniel’s vehicle without her consent and found her purse.

Meckel testified he could not properly inspect the purse’s contents at the scene because of inclement weather, so he took the purse to the police station, where he discovered the drugs.

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Cite This Page — Counsel Stack

Bluebook (online)
242 P.3d 1186, 291 Kan. 490, 2010 Kan. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daniel-kan-2010.