Witmer had been arrested outside of her car and placed in the back of a patrol car before the search of the car was conducted. As in Gant, Witmer was secured and could not reach the passenger compartment of the car when the search was conducted. As a result, the was an unreasonable search incident to arrest under K.S.A. 22-2501 and the Fourth Amendment to the United States Constitution.The COA holds that, because of the Fourth Amendment violation, the "evidence that the officer seized is therefore inadmissible."
[Update: the state did not file a PR and the mandate issued on October 29, 2009.]