State v. Schur

The opinion of the court was delivered by

Owsley, J.:

This is an interlocutory appeal by the state from an order of the district court sustaining defendant-appellees motion to suppress certain evidence as a result of a search of defendant’s apartment by the police. The state contends the evidence should have been admitted under the “plain view-no search” doctrine.

The record reveals that on the evening of October 19, 1974, Officer Ron Ewing of the Lawrence Police Department was summoned to investigate a noise disturbance at 509 Fireside, Apartment No. 9. Upon arriving at the apartment complex,…