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STATE v. MARSH

No. 66,336

16 Kan. App. 2d 377 (1991)

823 P.2d 823

STATE OF KANSAS, Appellant, v. MARILYN MARSH, Appellee.

Court of Appeals of Kansas.

Opinion filed December 31, 1991.

Attorney(s) appearing for the Case

Camille Nohe, assistant attorney general, and Robert T. Stephan, attorney general, for the appellant.

Benjamin C. Wood, of Overland Park, for the appellee.

Before LEWIS, P.J., BRAZIL, J., and BILL D. ROBINSON, JR., District Judge, assigned.

LEWIS, J.:

This is an appeal by the State of Kansas from an order suppressing evidence. The evidence was seized in a search authorized by an emergency administrative order issued by the Kansas Animal Health Department. In issuing the order, the State was acting pursuant to the Animal Dealers Act (ADA), K.S.A. 47-1701 et seq.

The context in which this issue comes before us is that of a criminal prosecution. The defendant is charged with one count of...

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