State v. Bockert

The opinion of the court was delivered by

Lockett, J.:

The State appeals the district court’s dismissal of a complaint charging three felony drug violations against Steven Bockert for lack of probable cause following a preliminary examination. This court has jurisdiction pursuant to K.S.A. 1993 Supp. 22-3602(b)(l).

On October 4, 1993, Kansas Highway Patrol Troopers Brian Smith and Richard Jimerson stopped an automobile for speeding on Interstate 35 in Franklin County, Kansas. Steven Bockert was *489a passenger in the vehicle driven by Steven Howell. After Howell was issued a warning for no driver s…