State v. Durst

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the State of Kansas from an order in a criminal action directing the return of certain property, seized at the time of the arrest of the defendant, to its purported owner. The State sought destruction of the property, under K.S.A. 22-2512(4), as being contraband gambling devices. The case was transferred from the Court of Appeals pursuant to K.S.A. 20- 3018(c). The facts are not in dispute.

Defendant Linda Durst, at the time of her arrest, was an employee of the “1005 Tavern” in Kansas City, Kansas. On October 20,1982,…