State v. McDowell

Malone, J.:

The State appeals the dismissal of drug charges against William J. McDowell based on the statute of limitations. In district court, McDowell had argued that the delay in executing the arrest warrant was unreasonable and, as a result, the prosecution of the charges was not timely commenced. We reverse.

The facts are simple and undisputed. On December 8, 2001, McDowell was detained and released by the Johnson County Sheriff s office for suspicion of possession of marijuana and possession of drug paraphernalia. The complaint charging these crimes was filed on February 19, 2002. A…