The KSC also held that Mr. Anderson's arrest was not justified because he was a conditional release violator:
The State also asserts that the officers' reasonable suspicion ripened into probable cause to arrest Anderson after Golston was found to be holding drugs and arrested, the drug dog alerted, and the officers thoroughly searched the truck and found no additional drugs. The State wants us to conclude that additional drugs had to be somewhere and that the somewhere was on Anderson's person 30 to 40 feet away from the truck.
We are not willing to do so. Rather, we adopt the Court of Appeals' analysis of this issue. Not only did no probable cause to arrest Anderson for drugs develop when the unproductive search of the truck was completed; the justification for the Terry detention ended.
Probable cause to believe a person is a conditional release violator does not permit the person's warrantless arrest.The KSC reviewed the statutes and found that being a conditional release violator is not a crime itself and statutes authorizing arrest of conditional release violators require a written order.