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STATE v. KELLEY

No. 96,181.

162 P.3d 832 (2007)

STATE of Kansas, Appellee, v. Roger K. KELLEY, Appellant.

Court of Appeals of Kansas.

July 27, 2007.

Attorney(s) appearing for the Case

Korey A. Kaul, of Kansas Appellate Defender Office, for appellant.

Hillary J. Boye, assistant county attorney, and Phill Kline, attorney general, for appellee.

Before HILL, P.J., McANANY, J., and BRAZIL, S.J.

McANANY, J.

Sheriff's deputies posted signs for southbound traffic on U.S. Highway 75 in Brown County stating "Drug dog working ahead" and "Narcotics officers working ahead." Officer Mickey Gruber sat in a lawn chair at the side of the road watching southbound motorists as they approached these signs. Two other officers, Corey Lay and Justin Koontz, were positioned approximately 1/2 mile south of Gruber's position.

Gruber observed Roger Kelley driving southbound...

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