The Kansas Supreme Court released the following published decision October 4:
Appeal No. 112,449: State of Kansas v. Dustin Dean Perkins
Archived oral argument video
The Supreme Court affirmed Perkins' conviction in Ellis County District Court for driving under the influence. The court found that although the breathalyzer test results were the product of a nonconsensual and unconstitutional search following the court's holdings in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016), and State v. Nece, 303 Kan. 888, 367 P3d 1260 (2016), the officer's good-faith belief that the statute, as it existed at the time of the arrest, that authorized the search was constitutional permitted the State to use the test results to convict the motorist.
Kansas Court of Appeals decisions released.