FACTUAL AND PROCEDURAL BACKGROUND
This case began December 10, 2009, when then Attorney General Steve Six signed the following written delegation of authority to then Assistant Attorney General Barry Disney:
"I, Steve Six, the duly elected Attorney General of the State of Kansas, do hereby delegate the authority to exercise the power of the Attorney General to make application for ex parte orders authorizing the interception of wire, oral or electronic communication pursuant to K.S.A. 22-2515, et seq. to Barry Disney, Assistant Attorney General.
"This delegation of authority to exercise the power of the Attorney General to make application for ex parte orders authorizing the interception of wire, oral or electronic communication is made under the authority of K.S.A. 75-710 and shall remain in effect until revoked by me in writing."
Less than 3 weeks later, Disney appeared before District Court Judge Cheryl Rios Kingfisher in Shawnee County "for Attorney General Steve Six . . . pursuant to K.S.A. 75-710" and applied "for an order authorizing interception of wire communications and electronic communications pursuant to K.S.A. 22-2516." The wiretap was to assist in a drug investigation, and the application was based on information provided by a Kansas Bureau of Investigation special agent. Judge Kingfisher issued an order authorizing the requested interception.
The investigation led to this prosecution of defendant Charles Elmer Bruce, Jr., in Neosho County on one count of conspiracy to manufacture methamphetamine and one count of possession of pseudoephedrine. Bruce sought suppression of all evidence derived from the wiretap, arguing that the order was unlawful.
Judge(s): Carol A. Beier
Jurisdiction: Kansas Supreme Court
Related Categories: Communications , Constitutional Law
|Supreme Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Lee Davidson||Office of the Kansas Attorney General|
|Derek Schmidt||Office of the Kansas Attorney General|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Carl Folsom, III||Bell Folsom PA|
|Jeb Griebat||Griebat Law Office|