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STATE v. HENNING

Nos. 98,118, 98,119.

209 P.3d 711 (2009)

STATE of Kansas, Appellant, v. Randy L. HENNING, Appellee, and Kelly K. Zabriskie, Appellee.

Supreme Court of Kansas.

June 26, 2009.

Attorney(s) appearing for the Case

Timothy L. Dupree, assistant county attorney, argued the cause, and Marc Goodman, county attorney, and Paul J. Morrison, attorney general, were with him on the briefs for appellant.

Don W. Lill, of Emporia, argued the cause and was on the brief for appellee Randy L. Henning.

Monte L. Miller, of Monte L. Miller, Chtd., of Emporia, argued the cause and was on the briefs for appellee Kelly K. Zabriskie.

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

These consolidated appeals focus on the meaning and constitutionality of K.S.A. 22-2501(c), a part of the Kansas statute on searches incident to arrest. We hold that the United States Supreme Court's recent decision in Arizona v. Gant, 556 U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), controls in this case and that it compels...

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