TOPEKA, Kan. — The Kansas Court of Appeals denied the state’s appeal Friday in a drug distribution case after Reno County District Judge Trish Rose suppressed evidence in the case.
It started on July 17, 2016, when law enforcement officers received a report that a man lying in a ditch off K-61 Highway in rural Reno County might be injured. The officers responded to the call and found Richard Manwarren II lying in the grass about five feet from the highway.
As officers arrived on the scene, Manwarren stood up and walked toward the officers to greet them. There was no indication of criminal activity and Manwarren did not appear to be injured or intoxicated.
He told officers he was waiting for a ride. They then asked for his ID. Manwarren produced a Kansas photo ID card. Instead of returning the card to Manwarren, an officer ran a warrant check and dispatch indicated he had an active warrant for failure to appear.
Manwarren was placed under arrest and was asked whether he had anything the officer should know about. Manwarren said he had drugs in his pocket and scales in his backpack.
He was charged by the state with possession of methamphetamine with intent to sell, possession of drug paraphernalia with intent to distribute, and possession of hydrocodone.
Manwarren filed a motion to suppress. Judge Rose agreed and suppressed the evidence. The state appealed, but the appeals court agreed with Judge Rose and affirmed the judge’s decision.