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KS: Possession of cash on the person is not PC for a car search

By John Wesley Hall, Jr.

Possession of cash is not probable cause for a vehicle search, but it is a factor to consider in the totality of circumstances. State v. Fitzgerald, 2008 Kan. LEXIS 463 (September 12, 2008). After going through all the factors of the totality and finding them weak: When the totality of all of these circumstances is considered, as it must be, we conclude that the State did not carry its burden of demonstrating the existence of probable cause to support Thatcher's initial search of the truck. Of the factors it cites, most are neutral or helpful to the defense, tending to diffuse suspicion rather than enhance it. Those factors that do contribute to probable cause are weak. The district court should not have relied on the probable cause plus exigent circumstances exception to the warrant requirement to admit the evidence derived from the initial search of the truck...continue to full post

Full post as published by Fourth Amendment on September 17, 2008 (boomark / email).