Court of Appeals upholds pot possession conviction against Jamie Durham

A drug conviction in Lyon County has been affirmed by the Kansas Court of Appeals.

 

The case against Jamie Neil Durham started with his conviction of one count of marijuana possession after a prior conviction as well as a conviction on one count of drug paraphernalia. He was sentenced to 20 months in jail for the marijuana possession charge and 12 months for paraphernalia before suspending the sentences and granting probation.

 

Durham said the court was wrong to deny his pretrial motion to suppress evidence seized by officers during a car stop in January 2015. The appellate court disagreed, saying a pat-down and resulting discovery of a suspected knife -- which turned out to be a lighter -- and the strong smell of marijuana that was later confirmed were part of a series of circumstances that led authorities to believe Durham was armed. The Court of Appeals panel said the district court had adequate evidence to deny Durham's motion to suppress.

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Last modified on Wednesday, 11 April 2018 10:13