We can see no purpose for [the officer's] claimed arrest pursuant to this policy other than to justify an incidental search with the hope of inadvertently discovering contraband. In this context, [the officer's] detention of Pittman was a mere pretext for a valid arrest. A search incident to an invalid arrest is violative of the plain language of K.S.A. 22-2501 ("When a lawful arrest is effected . . . .") We hold, as a matter of law, that Pittman was not under arrest, as defined in K.S.A. 22-2202(4) for purposes of K.S.A. 22-2501 at the time [the officer] search his pocket.I guess it would be smart to know the police policy in the relevant jurisdiction in this regard. I wonder if there are other jurisdictions that have a policy of not arresting people on certain types of warrants?
[Update: the state did not file a petition for review and the mandate issued April 6, 2006.]