State v. Flemming

Miller-Lerman, Judge.

Kelly F. Flemming appeals the Platte County District Court’s denial of his motion to suppress evidence. Flemming asserts that probable cause to issue a search warrant did not exist and that the search warrant was executed at night without satisfying the public interest requirements to justify a nighttime search. The contraband seized formed the basis of Flemming’s jury convictions for (1) possession of a controlled substance with intent to deliver, (2) second degree unlawful possession of explosive materials, and (3) possession of a controlled substance.

The State of…