City of Kingman v. Ary
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The Supreme Court affirmed the decisions of the court of appeals and the district court allowing consideration of Defendant's blood test results, which presumptively showed that Defendant was guilty of driving under the influence, holding that Defendant did not persuade the Court to abandon its recent decision in State v. Perkins, 449 P.3d 756 (Kan. 2019).
On appeal, Defendant argued that his warrantless blood test obtained under the implied consent statute was unconstitutional based either on consent or as a search incident to arrest. The court of appeals affirmed, ruling that the district court properly considered the results of Defendant's blood test under the good faith exception to the exclusionary rule. The Supreme Court affirmed, holding (1) Defendant offered no persuasive reason for this Court to abandon Perkins; and (2) the court of appeals did not err in applying the good faith exception, and the district court did not err in holding that Defendant's blood test result was admissible.
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