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STATE v. BOTTOM

No. 98,973.

190 P.3d 283 (2008)

STATE of Kansas, Appellant, v. Tony L. BOTTOM and Sara J. O'Brien, Appellees.

Court of Appeals of Kansas.

August 22, 2008.

Attorney(s) appearing for the Case

Gary L. Foiles, assistant county attorney, and Paul J. Morrison, attorney general, for appellant.

Russ Roe, of Onaga, for appellee Tony L. Bottom.

Shawna R. Miller, of Holton, for appellee Sara J. O'Brien.

Before HILL, P.J., PIERRON and GREEN, JJ.

GREEN, J.

The State appeals from the trial court's pretrial judgment suppressing all evidence seized by law enforcement officers executing two search warrants at the home of Tony Bottom and Sara O'Brien (collectively appellees). The first issue is whether the information contained in the first search warrant was so stale as to lack probable cause for issuance of the search warrant. Second, if it is determined that the first search warrant was not based upon probable...

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