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STATE v. HICKS

No. 93,602.

147 P.3d 1076 (2006)

STATE of Kansas, Appellant, v. Gordon R. HICKS, Appellee.

Supreme Court of Kansas.

December 8, 2006.

Attorney(s) appearing for the Case

Rick J. Scheufler, special counsel, argued the cause, and Phill Kline, attorney general, was with him on the brief for appellant.

Michael S. Holland, of Holland and Holland, of Russell, argued the cause, and Michael S. Holland II, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by BEIER, J.:

This appeal addresses the sufficiency of an affidavit supporting a search warrant, including the appropriate standard for review of the issuing magistrate's decision.

Defendant Gordon R. Hicks was charged with three drug possession counts and one count of intent to distribute drugs within 1,000 feet of a school. His arrest followed police execution of a search warrant at his home.

Hicks moved to...

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