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STATE v. JULIAN

No. 105,695.

333 P.3d 172 (2014)

STATE of Kansas, Appellant, v. Allen R. JULIAN, Appellee.

Supreme Court of Kansas.

September 5, 2014.

Attorney(s) appearing for the Case

Natalie A. Chalmers , assistant solicitor general, argued the cause, and Scott E. McPherson , county attorney, and Derek Schmidt , attorney general, were on the brief for appellant.

Gregory D. Bell , of Forker Suter LLC, of Hutchinson, argued the cause and was on the brief for appellee.

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

We consider this case on a petition for review filed by Allen R. Julian. He contends that evidence seized from his automobile in a warrantless search incident to his arrest should be suppressed. The district court granted Julian's motion to suppress. The State filed an interlocutory appeal. A divided Court of Appeals panel held that the search was authorized by Arizona v. Gant, 556 U.S. 332,

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