State v. Shively

GERNON, J.:

Stephen Medford Shively appeals his convictions on multiple drug counts and one count of aggravated assault, raising several issues, including the violation of his Fourth and Fifth Amendment rights.

Shively shot and killed Officer Tony Patterson, a member of the Topeka Police Department Street Crime Action Team, during a drug raid at his home. The officers executing the drug raid woke Shively while breaking down Shively’s door at 3 o’clock in the morning. Shively asserted the affirmative defense of defense of dwelling and was acquitted of all charges related to the shooting.…