A request to suppress evidence in the case of an Emporia man accused of illegal drug activity within 1,000 feet of a local school and aggravated child endangerment was denied Friday.
The motion was filed by defense counsel for 35-year-old James Bickerstaff seeking the suppression of specific evidence due to a question regarding the sufficiency of a search warrant in the case. Court documents provided to KVOE News indicate law enforcement went to Bickerstaff’s house at 1102 Exchange, two blocks north of William Allen White Elementary, to conduct a separate search warrant and registered offender check-in late October 2019.
Authorities said they found meth, marijuana and several forms of paraphernalia in the apartment. The defense argued the search exceeded the original scope of the search warrant and therefore should be withheld in the case.
Judge Merlin Wheeler disagreed with the argument and stated that the state “met its burden to demonstrate the appropriateness of the search.”
Bickerstaff faces single counts of methamphetamine distribution, marijuana distribution, meth possession, paraphernalia possession with intent to use, paraphernalia possession with intent to manufacture and aggravated child endangerment after an alleged incident last fall.
Bickerstaff’s next hearing has been set for Jul. 27 at 1:15 pm inside Lyon County District Court.
