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STATE v. McMILLIN

No. 76,505.

23 Kan. App.2d 100 (1996)

927 P.2d 949

STATE OF KANSAS, Appellant, v. CHARLES W. McMILLIN and DEBRA SUE BROWER, Appellees.

Court of Appeals of Kansas.

Opinion filed November 22, 1996.

Attorney(s) appearing for the Case

Thomas R. Stanton, assistant county attorney, Julie McKenna, county attorney, and Carla J. Stovall, attorney general, for appellant.

Richard M. Blackwell, of Blackwell, Blackwell & Struble, Chtd., of Salina, and Rene S. Young, of Denning and Young, LLC, of Salina, for appellees.

Before ROYSE, P.J., GREEN, J., and DAVID J. KING, District Judge, assigned.

ROYSE, J.:

Charles W. McMillin and Debra Sue Brower were charged with a variety of drug offenses after a police dog "alerted" on McMillin's automobile. The district court held the dog sniff of the vehicle was an unconstitutional search and seizure and suppressed the evidence of drugs. The State appeals pursuant to K.S.A. 22-3603.

The undisputed facts may be summarized as follows: On January 14, 1996, Deputy Jackson noticed a white Buick bearing Arizona license...

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