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STATE v. DESKINS

No. 55,845

234 Kan. 529 (1983)

673 P.2d 1174

STATE OF KANSAS, Appellant, v. RICK L. DESKINS, Appellee.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

Frank A. Caro, Jr., assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Gene M. Olander, district attorney, and Arthur R. Weiss, assistant district attorney, were with him on the brief for appellant.

Hal E. Des Jardins, of Topeka, argued the cause for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an interlocutory appeal, pursuant to K.S.A. 22-3603, by the State of Kansas from an order of the district court suppressing certain evidence in a prosecution for driving while under the influence of alcohol (DUI) and possession of marijuana.

Defendant, Rick L. Deskins, was arrested after his automobile was stopped by police officers at a roadblock ostensibly set up for the purpose of checking...

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