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Criminal Law Keyed to Weaver
State v. Garcia
Citation:
376 P.3d 94 (Kan. 2016)Facts
An informant told law enforcement that he could buy drugs from Garcia. Law enforcement tracked where Garcia lived and the plan was to set up a drug deal and then execute a search of the house without purchasing the drugs. The informant contacted Knapp, as this was the plan if Garcia was unavailable, and Garcia was unavailable. Knapp replied she could not get all of what the informant asked for, but could get some, to which the informant agreed. Units were in place surveilling the house and observed Knapp and Garcia exit a car and then law enforcement swarmed the house, the only individual who did not stop and continued to walk into the house was Garcia. Law enforcement announced themselves and told Garcia to exit the house. Garcia, being placed under arrest claimed he was moving out of the house. Drugs, paraphernalia, and scales were found within the house. The State charged Garcia with a slew of drug charges; however, the appeal concerned with here deals with the conspiracy charges.
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