STATE v. BARKER

No. 67,953

252 Kan. 949 (1993)

850 P.2d 885

STATE OF KANSAS, Appellant, v. MICHAEL BARKER, Appellee.

Supreme Court of Kansas.

Opinion filed April 16, 1993.


Attorney(s) appearing for the Case

Ellen H. Mitchell, assistant county attorney, argued the cause, and Thomas R. Stanton, assistant county attorney, Julie McKenna, county attorney, and Robert T. Stephan, attorney general, were on the brief for appellant.

Benjamin C. Wood, special assistant appellate defender, of Olathe, argued the cause, and Jessica R. Kunen, chief appellate defender, of Topeka, was with him on the brief for the appellee.


The opinion of the court was delivered by

DAVIS, J.:

This is an interlocutory appeal by the State from an order suppressing evidence seized in connection with a traffic checklane operation. We affirm the trial court's suppression of evidence on the narrow basis that because of a lack of foundation evidence, the State failed to establish probable cause for the search of defendant's automobile.

On November 20, 1991, the Kansas Highway Patrol and other...

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