Appeal No. 117,043: Patrick Whigham vs. Kansas Department of Revenue
Appeal No. 119,116: Nathan A. Jarvis vs. Kansas Department of Revenue
Summary calendar; no oral argument
In two cases arising from administrative driver's license suspension proceedings following a motorist's arrest for driving under the influence, the Supreme Court held statutory amendments enacted in 2016 now allow courts to consider constitutional claims during the administrative proceedings and set aside a license suspension if the arrest was unlawful. In Jarvis v. Kansas Department of Revenue, the district court set aside the license suspension after it found that the arresting officer lacked reasonable suspicion to make the arrest. The Supreme Court held the 2016 amendments to K.S.A. 2019 Supp. 8-1020 now allow district courts to consider whether the arrest was constitutional and to provide a remedy if a constitutional violation is found.
In Whigham v. Kansas Department of Revenue, the district court refused to consider whether the arrest was constitutional. Based on Jarvis, the Supreme Court held district courts now have the authority to consider the constitutionality of the arrest, and that in Whigham's case it was error for the district court to refuse to consider the issue. The case was remanded to the district court to consider the lawfulness of the law enforcement encounter.