State v. Turner

The opinion of the court was delivered by

Owsley, J.:

This is an interlocutory appeal by the state from an order sustaining defendant’s motion to suppress evidence. The issue raised involves the validity of the seizure of property not listed in a search warrant.

On the 6th day of April, 1972, the residence of Frank Bruner in Wichita, Kansas, was burglarized. Upon the return to his home and the discovery of the missing items (tan glass piggy bank, small wooden barrel bank, Kodak camera, and eight foreign silver coins), Bruner remembered seeing a 1964 red panel truck parked near his home at the…