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STATE v. GILBERT

No. 9158617.

254 P.3d 1271 (2011)

292 Kan. 428

STATE of Kansas, Appellee, v. Brian A. GILBERT, Appellant.

Supreme Court of Kansas.

July 15, 2011.

Attorney(s) appearing for the Case

Nancy Ogle , of Ogle Law Office, L.L.C., of Wichita, argued the cause and was on the briefs for appellant.

Natalie A. Chalmers , assistant district attorney, argued the cause, and Jamie L. Karasek , assistant district attorney, Chadwick J. Taylor , district attorney, and Steve Six, attorney general, were with her on the briefs for appellee.

The opinion of the court was delivered by BILES, J.:

Brian A. Gilbert was the passenger in a parked car he did not own. Law enforcement officers saw him in the vehicle and confirmed there was an outstanding warrant for his arrest. He was taken into custody, and the car was searched incident to his arrest. Inside the car, drugs and drug paraphernalia were discovered. The State concedes the search was unconstitutional. The...

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