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State v. Conn11/5/2004
After Eric Conn was stopped for a traffic violation, he was arrested for driving without having a proper driver's license and failing to provide proof of insurance. Conn provided the arresting officer with a name and date of birth and stated that he had a valid driver's license issued by the State of Texas. When dispatch advised there was no record of a license issued in the name Conn had provided, officers conducted a search of the automobile in an effort to locate proof of identification. Officers also found methamphetamine and various items of drug paraphernalia. After being transported to jail, Conn was given an implied consent advisory and asked to consent to a urine test. The sample tested positive for methamphetamine. Conn filed a motion to suppress the evidence seized in the search of the car and a motion in limine to prohibit introduction of evidence regarding the urine test results. Both motions were denied by the trial court.
On direct appeal, the Court of Appeals, in an unpublished opinion, determined the evidence should have been suppressed and reversed Conn's drug convictions. State v. Conn, No. 89,008, filed August 29, 2003. We granted the State's petition for review. Conn did not cross-petition for review of the Court of Appeals determination of an issue related to jury instructions.
Upon review, we conclude that the search of the automobile was lawful as a warrantless search because probable cause existed to believe the crime of obstruction of official duty had occurred and exigent circumstances allowed the immediate, warrantless search of the automobile for evidence that would establish that the name initially provided by Conn was false. Therefore, we affirm the trial court and reverse the Court of Appeals on this issue. However, we agree with the Court of Appeals that Conn's consent to the urinalysis was coerced.
With one exception not relevant to our analysis, the parties accept these facts regarding the search set forth in the Court of Appeals majority opinion:
"Trooper Phelps of the Kansas Highway Patrol stopped a vehicle because one of its headlights was inoperable. Conn was driving; the vehicle contained one passenger. Conn told the trooper that he did not have his driver's license with him and provided expired insurance documents.
"Sitting in the patrol car, Conn gave Trooper Phelps a false name and date of birth, stating that he had a valid Texas driver's license. After the dispatcher was unable to verify Conn's information, Phelps advised Conn that he was under arrest for driving without a license and having no proof of insurance. Phelps returned to Conn's vehicle to ask the passenger for the driver's name. After the passenger responded that she only knew that the driver's first name was Brian, the trooper returned to the patrol car, handcuffed Conn, and gave him the Miranda warnings.
"After waiving his rights, Conn gave his correct name and date of birth, as well as advising the trooper that he had a Colorado driver's license. A computer check verified the information and disclosed that Conn had an outstanding felony warrant.
"Trooper Phelps asked Trooper Tucker, who had responded to Phelps' call for assistance, to look for information on Conn's identity around the driver's area in the vehicle. Tucker ordered the passenger to exit the vehicle, obtained her identification, and advised her that he was going to search for information on the driver's identity. As Tucker entered the vehicle, the passenger pushed the trooper aside and grabbed a box that was situated between the driver's and passenger's seats. As the passenger tried to throw the box into the back of the vehicle, Trooper Tucker arrested
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