STATE v. GILBERT

No. 77,291.

24 Kan. App.2d 159 (1997)

942 P.2d 660

STATE OF KANSAS,Appellant, v. RANDOLPH S. GILBERT and POPPY JOLEEN GILBERT,Appellees.

Court of Appeals of Kansas.

Opinion filed July 25, 1997.


Attorney(s) appearing for the Case

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

James L. Sweet, of Sweet & Sheahon, and Roger D. Struble, of Blackwell, Blackwell & Struble, of Salina, for appellees.

Jared S. Maag, assistant attorney general, for amicus curiae Attorney General Carla J. Stovall.

Before BRAZIL, C.J., MARQUARDT, J., and EDWARD E. BOUKER, District Judge, assigned.


BOUKER, J.:

The State brings this interlocutory appeal challenging the district court's decision to grant the motions of Randolph S. Gilbert and Poppy Joleen Gilbert to suppress evidence obtained during a search of their residence.

Randolph and Poppy were each charged with three counts of endangering a child, contrary to K.S.A. 21-3608; one count of possession of marijuana, contrary to K.S.A. 1995 Supp. 65-4162(a)(3); one count of possession of paraphernalia...

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