# State v. Boster

> Supreme Court of Kansas · July 17, 1975 · 217 Kan. 618

URL: https://www.frixlaw.com/law-library/cases/9537117

## Case

- **Full name:** State of Kansas, Appellee, v. Jack Boster, Appellant
- **Court:** Supreme Court of Kansas
- **Decided:** July 17, 1975
- **Citations:** 217 Kan. 618; 539 P.2d 294; 1975 Kan. LEXIS 472
- **Precedential status:** Published
- **Opinion:** Concurrence by Fontkon
- **Judges:** Owsley, Fontkon, Fromme
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by State v. Fortune, 236 Kan. 248 (1984).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9537117

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9537117. Public record. Not legal advice.