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Fourth Amendment win [NOT FINAL]

By Randall Hodgkinson

Jennifer Conkling won in State v. Miller, No. 98,230 (Kan. App. April 11, 2008)(unpublished), reversing a Lyon County drug prosecution. Ms. Miller was a passenger in a car that was stopped for an expired tag. The car belonged to a "person of interest" in a drug investigation. While searching the car, officers found Ms. Miller's purse and asked to search it, which she declined. During the search, officers found drug evidence in a duffle bag that also contained men's clothing and a shaving kit. Based on this, officers arrested Ms. Miller and searched her purse, finding evidence of methamphetamine, which was the basis of the drug prosecution.

The state argued that the arrest and search was lawful under Maryland v. Pringle, 540 U.S. 366 (2003), where officers arrested everyone in a suspect car after finding evidence of drug dealing and after every occupant denied possession. The COA held that Pringle was distinguishable because the drugs initially found in this case related to possession, not dealing. The COA noted that officers did not question the occupants of the car regarding the drugs and that the drugs were found in a duffle bag with men's items, which should not have led officers to believe that the drugs belonged to Ms. Miller. Because Ms. Miller's arrest was illegal, the search of her purse was illegal and the COA reversed.

Full post as published by Kansas Defenders on April 16, 2008 (boomark / email).