The Kansas Supreme Court has overturned a Lyon County District Court ruling in an Emporia drug possession case.
The state case against Shelbie Ellis dates back to January 2018 when Emporia Police were called to a convenience store bathroom to check on Ellis’ welfare. Ellis denied using drugs, but she told authorities she had methamphetamine in her purse. She was detained and searched. Officers found both meth and paraphernalia and then arrested her.
During court proceedings, district court denied a defense motion to suppress the drug evidence and rejected an argument the search went beyond the scope of the welfare check. Ellis was later convicted of meth and paraphernalia possession.
Ellis’ appeal won favor from the Kansas Court of Appeals and also with the Supreme Court, which in a majority opinion said Emporia Police unlawfully detained Ellis and court factors governing the admissibility of evidence weighed against the state in this case. In a concurrent opinion, Justice Caleb Stegall (STEE-gll) agreed the evidence was improperly used, but he said the outstanding warrant in this case could have superseded an evidence exclusion rule had law enforcement not detained Ellis.
