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eBook details

• Title: State v. Mcclelland
• Author : Supreme Court of Kansas
• Release Date : January 15, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The opinion of the court was delivered by This is a direct appeal from a conviction for unlawful
possession of a stimulating drug. (K.S.A. 65-4126, now K.S.A.
1973 Supp. 65-4127a.) On August 30, 1972, the Shawnee County district attorney made
application for a search warrant for the premises of 1315 Monroe
Street, Topeka. At a hearing on the application, an officer of
the Topeka police department vice squad testified he had reason
to believe marijuana was being stored on the premises. This
activity had been disclosed initially to the officer by an
informant. Testimony was offered to prove the informant's
reliability and several instances where information supplied by
the informant had proved to be accurate were recited by the
officer. The officer also testified he had supervised a
"controlled buy" at 1315 Monroe, and that the substance purchased
was determined to be marijuana. Finding probable cause existed,
the district court issued the search warrant. That warrant
commanded any law enforcement officer to search for and seize
marijuana or any instrumentalities or evidence of [215 Kan. 82]
such substance located "in or upon premises described above"
(1315 Monroe).

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