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State v. Thomas

124 P.3d 48 (2005)

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State v. Thomas

Kansas Supreme Court

124 P.3d 48 (2005)

Facts

A confidential informant told police that Brandon Prouse had tried to sell him several quarts of anhydrous ammonia, a chemical used to manufacture methamphetamine. Prouse had an arrest warrant for violating probation in an aggravated-battery case. The informant identified a house where Prouse was staying. Around midnight, police surveilled the house, observed Prouse step into the front yard, and ordered him to stop. Prouse fled into the house, pursued by police. Police chased Prouse through several rooms before catching and arresting him. The house contained several other occupants and had a strong chemical odor. During a protective sweep of the house, police discovered evidence of a methamphetamine lab. Steven Thomas (defendant) identified himself as the house’s owner. Thomas also stated that police might as well take his drugs, which Thomas held in his front pants pocket. Police seized the drugs and arrested Thomas. The state (plaintiff) charged Thomas. Thomas moved to suppress the evidence as the result of an unconstitutional search of his home. The trial court denied the motion. Thomas was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Luckert, J.)

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