Legal Question in Criminal Law in Kansas

Legal Search

On a Friday I was stopped and given a traffic ticket for three offenses. Driving on a suspended, no proof of insurance, and expired tag. I immediately renewed my tag that day, put my insurance card in my car, and the suspended license was a result of failure to pay a speeding ticket. I did pay the ticket on the 19th of March and this all occured on the 5th of April. So, the next day I was visiting an inmate at a county jail and when I left the facility I was pulled over for driving on a suspended. I stated to the officer that he did not have to arrest me and he stated, ''I know I dont have to but I'm going to.'' I then attempted to secure my vehicle before stepping out and he informed me that he would do that after he searched it. I then said he did not have my permission to search my vehicle and he told me that he didnt need my permission. While cuffed in the back of the patrol car the other officer came to the car and asked me if I wanted my purse because my vehicle was not going to be impounded. I have never been arrested in my life and the other officer found drugs in my car. My question is do the cops routinely search a vehicle that is not going to be impounded?


Asked on 8/25/08, 5:09 pm

1 Answer from Attorneys
Jay Ramey Jay K. Ramey, Attorney at Law

Re: Legal Search

There are two reasons the police can search your car in a situation like this. The first is for an inventory before impoundment. The second is a search incident to arrest. When a person is arrested the courts have allowed the arresting officer to search the arrested person, the inside of his car, and anywhere else that was in his immediate reach.

However, Kansas specifically gives more protection to the citizen in situations like this. Kansas law says an officer can conduct a search incident to arrest of a person's car to look for fruits or instrumentality of the crime. There is case law in Kansas that says there is no fruit or instrumentality of driving under suspension.

Therefore, if the facts are exactly the way you have recited them and if you get a competent attorney, you should be able to have the search suppressed

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Answered on 8/25/08, 7:55 pm


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