STATE v. PETTAY

No. 107,673.

326 P.3d 1039 (2014)

STATE of Kansas, Appellee, v. Erik PETTAY, Appellant.

Supreme Court of Kansas.

June 6, 2014.


Attorney(s) appearing for the Case

Rick Kittel , of Kansas Appellate Defender Office, was on the briefs for appellant.

Daniel D. Gilligan , assistant district attorney, Keith E. Schroeder , district attorney, and Derek Schmidt , attorney general, were on the brief for appellee.


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

Erik Pettay seeks review of a Court of Appeals decision approving the admission of drug evidence obtained during a vehicle search incident to his arrest for driving with a suspended license. The search occurred 2 days before the United States Supreme Court's decision in Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (invalidating certain searches incident...

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