State v. Ryce

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In State v. Ryce, 368 P.3d 342 (Kan. 2016), (Ryce I) the Supreme Court held that Kan. Stat. Ann. 8-1025 was facially unconstitutional because it punishes an individual for withdrawing his consent to a search even the right to withdraw consent has been recognized in cases applying the Fourth Amendment to the federal Constitution and section 15 of the Kansas Constitution Bill of Rights. After the court issued its decision in Ryce I, the State filed a motion to stay the mandate until the United States Supreme Court issued its decision in Birchfield v. North Dakota, 579 U.S. __ (2016), which held that warrantless breath tests are reasonable as searches incident to lawful arrest but that blood test may not be administered as a search incident to a lawful arrest for drunk driving. After considering additional arguments and the effect of Birchfield on Ryce I, the court again determined that section 8-1025 is facially unconstitutional and that nothing in the Birchfield decision altered the ultimate basis for Ryce I. View "State v. Ryce" on Justia Law