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STATE v. HENNING

Nos. 98,118, 98,119.

171 P.3d 660 (2007)

STATE of Kansas, Appellant, v. Randy HENNING and Kelly Zabriskie, Appellee.

Court of Appeals of Kansas.

November 30, 2007.

Attorney(s) appearing for the Case

Timothy Dupree, assistant county attorney, Marc Goodman, county attorney, and Paul J. Morrison, attorney general, for appellant.

Don W. Lill, of Emporia, for appellee Randy Henning.

Monte L. Miller, of Monte L. Miller, Chtd., of Emporia, for appellee Kelly Zabriskie.

Before MARQUARDT, P.J., BUSER, J., and LARSON, S.J.

LARSON, J.

This is the State's appeal from the district court's suppression of evidence seized during the search of a vehicle incident to a lawful arrest on July 6, 2006.

The first impression issue in Kansas in this appeal involves the interpretation of the 2006 amendment in K.S.A.2006 Supp. 22-2501(c) to allow law enforcement officers making a lawful arrest to reasonably search the person arrested and the area within such person's immediate presence for the...

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