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: Kansas DefendersJust because you don't absolutely have to doesn't mean you shouldn't [NOT FINAL]
The totality of the circumstances here?i.e., the vehicle was not "unattended," illegally parked, or obstructing traffic?does not permit us to disregard the officer's failure to consider permitting the passenger to drive, to consult Branstetter, or to attempt to contact the registered owner regarding disposition.The COA also held that the record supported a claim that the inventory search in this case was pretextual, bolstering its conclusion on the Fourth Amendment issue.Essentially, the State seeks to rely upon an unwritten and unproduced "policy" as carte blanche authority permitting the State to impound a vehicle when the registered owner is not present and the operator is arrested. The State would implement this policy without regard to (1) the wishes of the operator or the owner; (2) whether a passenger may be present to attend to the vehicle; and (3) whether the vehicle presents a safety or traffic hazard. The State's rationale would eviscerate the "reasonable grounds" test established in Fortune and the "totality of the circumstances" analysis espoused by Teeter.
Full post as published by Kansas Defenders on January 23, 2009 (boomark / email).
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