State v. Toothman

The opinion of the court was delivered by

Abbott, j.:

This is an appeal by the State from an order of the district court suppressing evidence and dismissing the case against defendant Billy J. Toothman.

On October 7, 1997, Deputy Jack Jackson of the Saline County Sheriff s Department responded to a report of two vehicles stuck in a ditch near the State fishing lake. Jackson checked the area but found no vehicles in need of assistance. Shortly upon returning to his routine patrol duties, Jackson was called to the Salina Police Department to speak with a private citizen who wished to report…