BY THE COURT
term "reasonable grounds" is equated to probable
cause. The terms are often used interchangeably.
Probable cause exists where the facts and circumstances
within the officer's knowledge, and of which he or she
has reasonably trustworthy information, are sufficient in
themselves to warrant a person of reasonable caution in the
belief that an offense has been or is being committed. It is
determined by evaluating the totality of the circumstances.
Probable cause does not require an officer have evidence of
every element of the crime.
4. On a
continuum of proof, probable cause is a higher standard than
reasonable suspicion-which requires a showing less than a
preponderance of the evidence.
application of the exclusionary rule for the violation of a
person's rights under the Fourth Amendment of the United
States Constitution does not apply to civil administrative
driver's license actions.
Violation of K.S.A. 2016 Supp. 8-1567a results only in civil
administrative driver's license sanctions. The statute
imposes no criminal penalties.
from Ellis District Court; Glenn R. Braun, judge. Affirmed.
Michael S. Holland II, of Holland and Holland, of Russell,
D. Shultz, deputy general counsel, Legal Services Bureau,
Kansas Department of Revenue, for appellee.
Arnold-Burger, C.J., Leben and Powell, JJ.
Fischer, who was under the age of 21 when tested, appeals the
suspension of his driver's license for operating a
vehicle at a time when his breath alcohol content was over
.02. He presents two arguments on appeal.
he contends that K.S.A. 2016 Supp. 8-1012 is unconstitutional
because it allows a driver to be subjected to a search by way
of a preliminary breath test (PBT) when an officer merely has
reasonable suspicion-as opposed to probable cause-to believe
a driver is under the influence of alcohol. He further
asserts that because there was an insufficient basis to
request the PBT and there was not enough evidence to arrest
him without it, his driver's license suspension should be
vacated. We find we do not need to reach Fischer's
constitutional claim because the district court had