State ex rel. Kansas Highway Patrol v. Fuleki

── State ex rel. Kansas Highway Patrol v. Fuleki ── Court: Supreme Court of Kansas Date: May 15, 2026 Category: General IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,167 STATE OF KANSAS ex rel. KANSAS HIGHWAY PATROL, Appellee, v. $381,620 in U.S. CURRENCY, and BRYCE ROBERT FULEKI, Appellant. SYLLABUS BY THE COURT It is an error of law, and therefore an abuse of discretion, for a district court to rely on evidence without ruling on the admissibility of that evidence after a timely objection has been made. Review of the judgment of the Court of Appeals in 65 Kan. App. 2d 596, 571 P.3d 35 (2025). Appeal from Saline District Court; PAUL J. HICKMAN, judge. Oral argument held March 10, 2026. Opinion filed May 15, 2026. Judgment of the Court of Appeals reversing the district court is affirmed. Judgment of the district court is reversed, and the case is remanded with directions. Sef Krell, pro hac vice, of Law Offices of Sef Krell, of Encino, California, argued the cause, and Julie McKenna, of McKenna Law Office, P.A., of Salina, was with him on the briefs for appellant. Ryan J. Ott, assistant solicitor general, argued the cause, and Stacy R. Bond, of Kansas Highway Patrol, Anthony Powell, solicitor general, and Kris W. Kobach, attorney general, were with him on the briefs for appellee. 1 The opinion of the court was delivered by STEGALL, J.: Bryce Robert Fuleki was driving a rental car on I-70 near Salina when he was stopped by the Kansas Highway Patrol (KHP). During the stop, officers eventually searched the vehicle and discovered a locked, hard-shell, carry-on-sized suitcase in the back seat. Fuleki said that the suitcase belonged to a friend; he did not have the keys for the suitcase; and he declined to answer any more questions about the suitcase. Officers decided to pry open the suitcase. Inside, officers found $381,620 in cash and a notebook with names of marijuana strains and prices. The highway patrol confiscated the cash and directed Fuleki to follow them to the KHP headquarters. At the KHP headquarters, Fuleki was given Miranda warnings and questioned. He repeatedly denied ownership of the suitcase and the cash. Officers eventually gave Fuleki a property disclaimer form, which Fuleki partially filled out and signed. Officers then held onto the cash and released Fuleki approximately four- and-a-half hours after the initial traffic stop. Later, the State of Kansas, on behalf of the KHP, filed a notice of pending forfeiture in the district court. Fuleki filed a claim in the forfeiture proceeding asserting his interest in the money. The State filed a motion to strike Fuleki's claim and sought a default judgment. The State argued that because Fuleki had disclaimed ownership of the property—verbally and through the disclaimer form—he lacked standing to file any claim. Fuleki then filed an amended claim, specifically asserting that the cash was exempt from forfeiture because it was not proceeds from any violation of the Kansas Uniform Controlled Substances Act. He also filed a motion to suppress "all evidence" obtained as a result of any unreasonable search and seizure in violation of the Fourth Amendment. Included in the evidence Fuleki hoped to suppress were his statements to law enforcement and the written disclaimer. 2  Essentially, the district court had two related requests before it—one from each side. First, the court had the State's request to dismiss Fuleki from the case for lack of standing—relying on the written disclaimer as evidence that Fuleki had no interest in the cash. And second, the