Marijuana Possession Charge amended to Jay Walking


Dismissal of Paraphernalia Charge in city court

December 2016

City of Merriam vs. DS: Client charged with Possession of Paraphernalia in Municipal Court after admitting to owning a glass pipe used for smoking marijuana.  The pipe was found on the living room floor during a walk through by an officer investigating a domestic dispute.  Client was placed in the patrol vehicle for questioning on the domestic dispute issue and was eventually asked about the smoking pipe.  According to the arresting officer, my client was "not in handcuffs and not in custody" when asked about the glass pipe.  The sole issue was whether my client was entitled to Miranda warnings (advising of right to remain silent, right to counsel) as he was questioned about the glass pipe while seated in the backseat of the police vehicle.  I filed a Motion to Suppress his admission, arguing that my client was in deed "in custody" as he was not free to leave the scene and therefore the  Miranda warnings were required before questioning him regarding his ownership of the pipe.  The prosecutor agreed my client was in fact "in custody" even though he had not been arrested.  A reasonable person would not feel free to terminate the encounter with police and the questions were designed to illicit a confession.  By filing the Motion in advance of trial, we were able to persuade the prosecutor to dismiss the charge and avoid the hassle and risk of a trial.  

Practice area(s): Criminal Defense

Court: Kansas Municipal

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.

McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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