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Supreme Court of Kansas· 1/30/2009

State v. Bennett

Citations

  • 200 P.3d 455
  • 288 Kan. 86
  • 2009 Kan. LEXIS 7

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that searches of probationers require reasonable suspicion because probationers have a greater expectation of privacy than parolees and, under Kansas law, parolees cannot be searched without reasonable suspicion
  • holding that a probationer may not be searched by a probation or law enforcement officer absent reasonable suspicion and that a condition imposed by the trial court subjecting the probationer to random, suspicionless searches was unconstitutional
  • holding that a probationer may not be searched by a probation or law enforcement officer absent reasonable suspicion and that a condition imposed by the trial court subjecting the probationer to random, suspicionless searches was unconstitutional
  • discussing Freeman; noting that Kansas law does not authorize suspicionless searches; citing KDOC procedures and concluding that parolees may not be subjected to suspicionless searches
  • balancing probationer's expectation of privacy against state's legitimate interests to decide whether probation condition authorizing suspicionless searches violated probationer's Fourth Amendment rights
  • balancing probationer's expectation of privacy against state's legitimate interests to decide whether probation condition authorizing suspicionless searches violated probationer's Fourth Amendment rights

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, McFarland, Marquardt

Read full opinion on CourtListener

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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