STATE v. KELEHER

No. 51,318

5 Kan. App. 2d 400 (1980)

617 P.2d 1265

STATE OF KANSAS, Appellee, v. DANIEL G. KELEHER, Appellant.

Court of Appeals of Kansas.

Opinion filed October 3, 1980.


Attorney(s) appearing for the Case

Harold E. Flaigle of Clausing, Wilson, Wilson & Flaigle, P.A., of Wichita, for the appellant.

Ronald D. DeMoss and Stuart W. Gribble, assistant district attorneys, Vern Miller, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before FOTH, C.J., REES, J., and HARMAN, C.J. Retired, sitting by designation.


HARMAN, C.J. Retired:

This is an appeal from convictions on five drug counts. The principal issue is whether the trial court erred in not suppressing certain evidence on the ground it was obtained in violation of federal regulations applicable to methadone treatment programs administered by the erstwhile Secretary of Health, Education and Welfare.

In January, 1977, Randy Peak and his wife Jana agreed with a vice officer, Detective Paul Bierhaus of the Sedgwick...

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