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Can an officer arrest a person based on items he or she finds during a search of that person?

April 26, 2017arrest based items officer person search

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Can an officer arrest a person based on items he or she finds during a search of that person?

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A. Yes, but only if there is first a valid arrest based on probable cause or a warrant. In order to constitute a valid search incident to arrest, there must be a lawful arrest, followed by a search. K.S.A. 22-2501; State v. Epperson, 237 Kan. 237 Kan. 707, 715, 703 P.2d 761 (1985).