As a Kansas DUI defense lawyer, I am always researching the latest court decisions. The Kansas Court of Appeals just recently came out with a whopper of a decision which will have huge ramifications for defending drunk driving cases. The case is Kansas v. Declerck. In that case, the Court decided that Kansas statute 8-1001(b)(2) is unconstitutional. In K.S.A. 8-1001(b)(2), the legislature gave law enforcement the authority to demand
chemical testing from a suspect, when there was a wreck and an injury. This was the case even absent probable cause. While this statute might sound like a good idea to some, it completely ignored the protections of the 4th Amendment, which is to protect us from such searches and seizures. Now, the police officer must establish separate probable cause based on the totality of the circumstance and not simply just from the wreck and injury. As a Kansas DUI defense attorney, I have tried to make this 4th Amendment violation an argument in some past drunk driving cases I defended. However, the statute was followed by the judges. Now, armed with this powerful decision, I look forward to making similar arguments. Congratulations to the criminal defense attorney who won this case.
Great job by the Court in upholding our 4th Amendment protections.