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STATE v. NECE

No. 111,401.

367 P.3d 1260 (2016)

303 Kan. 888

STATE of Kansas, Appellant, v. Gregory Michael NECE, Appellee.

Supreme Court of Kansas.

February 26, 2016.

Attorney(s) appearing for the Case

Brock R. Abbey , assistant county attorney, argued the cause, and Ellen Mitchell , county attorney, and Derek Schmidt , attorney general, were with him on the brief for appellant.

Michael S. Holland, II , of Holland and Holland, of Russell, argued the cause and was on the brief for appellee.

Ultimately, this appeal raises the question of whether the State violated the Fourth Amendment to the United States Constitution when it tested a driving under the influence (DUI) suspect's breath-alcohol content after the suspect consented to such a search. The suspect, Gregory Michael Nece...

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