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STATE v. LONGBINE

No. 70,777

257 Kan. 713 (1995)

STATE OF KANSAS, Appellant, v. DOUGLAS LONGBINE, Appellee.

Supreme Court of Kansas.

Opinion filed June 2, 1995.

Attorney(s) appearing for the Case

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

James L. Sweet, of Sweet & Sheahon, of Salina, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

After execution of a search warrant, the defendant was charged with one count of possession of marijuana, K.S.A. 1993 Supp. 65-4127b(a)(3), and one count of possession of drug paraphernalia, K.S.A. 65-4152. The district court suppressed the evidence seized because the affidavit for the search warrant failed to state probable cause that the contraband from illegal...

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