Felony Possession of Ephedrine conviction reversed on Appeal

In State v. Maness, (Court of Appeals Docket # No. 96,024 (Kan. App. July 27, 2007) The Kansas Court of Appeals issued an unpublished opinion reversing the appellant's felony conviction for possession of pseudoephedrine. Maughan & Maughan Attorneys successfully argued that the trial court should have granted the defendant's motion to supress evidence which was illegally obtained in violation of the defendant's right to be free from unreasonable searches and seizures. The client had arrived at a local grocery store i na vehicle bearing Oklahoma tags. Our client and one other individual went into the store and then went their separate ways to do their shopping. Both individuals purchased some cold medication containing Pseudo Ephedrine and then met back at their vehicle. Such action does not warrant being seized, questioned and searched by law enforcement officers. Accordingly, the Court of Appeals reversed Sedgwick County Judge Rebecca Pilshaw's finding that the evidence was legally obtained and remanded the matter to the district court. In light of the fact that the government will have no legally obtained evidence, it is not expected that a new trial will be sought.