State v. Bolen

The opinion of the court was delivered by

Davis, J.:

The State of Kansas appeals the trial court’s order dismissing all criminal charges against the defendant, David Bolen, with prejudice. The State contends that dismissal with prejudice is an extreme sanction which should only be employed in an extraordinary case against a prosecutor, and that the facts of this case did not require such a sanction. For reasons set forth in this opinion, we agree and reverse and remand for further proceedings.

FACTS:

David Bolen was arrested on December 13, 1998, after drugs were found in a car that he was…