Opinion

State v. Boster

  • 217 Kan. 618
  • 539 P.2d 294
  • 1975 Kan. LEXIS 472
Court
Supreme Court of Kansas
Filed
Jul 17, 1975
Status
Published
Author
Fontkon
On the bench
Owsley, Fontkon, Fromme
Cited by
55 cases

Overruled on other grounds by State v. Fortune, 236 Kan. 248 (1984)

car driven by arrestee was owned by a passenger in a second following car, who could have taken possession

How later courts described this case

  • car driven by arrestee was owned by a passenger in a second following car, who could have taken possession
  • no legal justification for impounding car where alternative to impoundment exists
  • impoundment is appropriate if a vehicle’s retention as evidence is necessary
  • articles in trunk of car

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by State v. Fortune, 236 Kan. 248 (1984)

    217 Kan. 618, 624 , 539 P.2d 294 (1975), overruled on other grounds by State v. Fortune, 236 Kan. 248 , 689 P.2d 1196
    Supreme Court of KansasOct 26, 19848 citing opinionsother groundsRead it

The opinion

Fontkon, J.,

concurring: I agree that the impoundment of the vehicle driven by defendant was unauthorized and hence that the inventory search was illegal. However, I have diificulty in accepting the concept that a search for inventory purposes is limited to those areas and to those objects which are in plain view. The general, and better rule in my judgment, would appear to be otherwise. (See Anno: Inventory Search of Impounded Vehicle, 48 A. L. R. 3d §§ 12 [a], pp. 577, 578, 13 [a], p. 580.)

Kaul, J., joins in the foregoing concurring opinion.

Fromme, J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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