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STATE v. WEIS

No. 63,986

246 Kan. 694 (1990)

792 P.2d 989

STATE OF KANSAS, Appellant, v. DIANA SUE WEIS, Appellee.

Supreme Court of Kansas.

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Brenda K. Gillette, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for appellant.

Bruce Kent, of Salina, argued the cause, and Ronald Barta, of Barta & Barta, of Salina, was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal by the State (K.S.A. 22-3602[b][1]) from the trial court's dismissal of the two counts against Diana Sue Weis, one of three individuals charged with various drug related crimes in a multi-count complaint. The trial court determined that the detention of Weis by law enforcement officers was a warrantless arrest lacking in probable cause which required the charges against Weis to be dismissed...

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