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STATE v. DECLERCK

No. 109,759.

317 P.3d 794 (2014)

STATE of Kansas, Appellant, v. Aryanna Philatina DECLERCK, Appellee.

Court of Appeals of Kansas.

February 7, 2014.

Attorney(s) appearing for the Case

Jodi Litfin and Jose V. Guerra , assistant district attorneys, Chadwick J. Taylor , district attorney, and Derek Schmidt , attorney general, for appellant.

Reid T. Nelson , of Capital and Conflicts Appeals Office, for appellee.

Before POWELL, P.J., ATCHESON, J., and ERNEST L. JOHNSON, District Judge Retired, assigned.

POWELL, J.

In this appeal, we confront the question of whether drivers on our state's highways relinquish their Fourth Amendment rights under Kansas' implied consent statute. Following a single-vehicle fatality accident and as allowed by statute, an officer directed medical personnel to withdraw blood without a warrant from the driver of the vehicle, Aryanna Declerck, despite her refusal. After receiving the blood test results, the Shawnee County District Attorney...

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