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STATE v. DANKO

No. 47,971

219 Kan. 490 (1976)

548 P.2d 819

STATE OF KANSAS, Appellant, v. MICHAEL DANKO and TERRY PARKS, Appellees.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Salvatore A. Scimeca, Jr., County Attorney, argued the cause, and Curt T. Schneider, Attorney General, was with him on the brief for the appellant.

Richard A. Pinaire, Deputy Public Defender, of Junction City, argued the cause and was on the brief for Michael Danko, appellee.

Charles A. Chartier, of Junction City, argued the cause and was on the brief for Terry Parks, appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal by the state, pursuant to K.S.A. 22-3603, from an order of the trial court sustaining motions of defendants to suppress evidence filed under K.S.A. 22-3216.

The question presented is whether relevant evidence recovered by a search and seizure, allegedly in violation of the Posse Comitatus Act (18 U.S.C. § 1385), is to be suppressed. The question is one of first impression in...

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