Court of Appeals reverses 2016 Lyon County drug decision, vacates sentences

The Kansas Court of Appeals has reversed convictions and vacated sentences related to a Lyon County drug case from nearly two years ago.

 

A Court of Appeals panel made the ruling in the case of State v. Kyle McCool, who argued Lyon County District Court denied his motion to omit a search warrant and to find McCool's consent to a search was not coerced.


The case stems from a joint investigation by Emporia Police and Lyon County deputies in April 2016. McCool was arrested after two related controlled buys, according to authorities, and authorities obtained a search warrant for an apartment complex at 121 West 15th in Emporia. McCool was later charged with one count of possession of marijuana and one of possessing drug paraphernalia.

 

In hearings leading up to trial, the court denied McCool's motion to suppress the warrant and related search because it said authorities had probably cause to acquire a second warrant if needed and, as a result, McCool had not been coerced into allowing the search. At trial, the district court also allowed the drug evidence seized during the search over McCool's objections.

 

The Court of Appeals found consent was coerced, however, and also said prosecutors made no argument the evidence in the case would have been discovered -- so the court wrongly allowed the evidence to be submitted.

 

The case has been remanded to district court for further proceedings. No court hearings in the McCool case have been announced.

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Last modified on Wednesday, 11 April 2018 10:13