The Kansas Court of Appeals has reversed the verdict in a Lyon County case that started with a check welfare call, led to an arrest on drug and paraphernalia possession charges and ended with related convictions.
The case against Shelbie Ellis originated in January 2018 in an Emporia convenience store bathroom, where Ellis had spent a significant period of time one day. Emporia Police officers were called to check on Ellis’ welfare and an officer asked for both her driver’s license and a warrant check even though there was no immediate suspicion of illegal activity. The record check revealed an outstanding warrant from Rice County, and Ellis was later found to have methamphetamine and a pipe in her purse.
Ellis was later convicted on counts of meth and paraphernalia possession. She appealed, saying the records check violated both her state and federal constitution rights on unlawful searches and seizures and the evidence collected should be disregarded as a result. The Court of Appeals agreed with Ellis on those procedural concerns. It also said district court was wrong in denying a motion to suppress the collected evidence during court proceedings.
