K9 Credentials Challenged in Court over "Free Air Sniff"

[00:00:00]Every day in the USA, people find themselves in court.

[00:00:12]State of Kansas versus Kirk Ray Warren.

[00:00:15]It's case number 2025, CR83.

[00:00:19]Jill Gillette appears as Greenwood County attorney. Chris Ambrose is defense council. Kirk Warren appears from the Greenwood County Jail Zoom location. This matter is scheduled to come before the court at this time for hearing on a defense motion to suppress.

[00:00:33]What announcement, if any, do you make at this time, Mr. Ambrose?

[00:00:43]Uh, I I didn't hear a response because you're muted. If you responded, >> I am sorry, your honor. Uh, we're prepared to begin.

[00:00:51]>> Okay.

[00:00:54]All right. Uh, therefore, the state may call their first witness.

[00:00:58]>> You know, the state calls Deputy Andrews.

[00:01:05]>> Deputy Andrews, if you'd raise your right hand, the court will administer a note to you. You do solemnly swear that the testimony you're about to give in the matter now in hearing shall be the truth, the whole truth, and nothing but the truth. So, help you God.

[00:01:16]>> I do. Yes.

[00:01:17]>> Very well. You may question the witness, Miss Gillette.

[00:01:20]>> Could you please state your name for the record? Deputy Jeremiah Andrews.

[00:01:25]>> And how are you employed?

[00:01:27]>> With the Greenwood County Sheriff's Office.

[00:01:29]>> How long have you been so employed?

[00:01:32]>> Uh about four and a half years now.

[00:01:35]>> Were you on duty on June 1st of 2025?

[00:01:39]>> I was. Yes.

[00:01:41]>> Where did you notice uh the defendant?

[00:01:46]>> Uh the 200th block of South Kar.

[00:01:50]And were you um where were you sitting when you noticed him?

[00:01:58]>> Uh I believe I was driving by on River Street.

[00:02:03]>> Okay. Um is 200.

[00:02:08]Um what is in that block?

[00:02:12]>> Uh 200's block of South Malberry. Um guess what what are you asking?

[00:02:25]>> Were were you stationary or were you mobile?

[00:02:28]>> I was mobile.

[00:02:29]>> Okay. And in relation to your patrol car, where was the the defendant? Was he north, south, right, or left?

[00:02:39]>> He was south.

[00:02:41]>> Okay. Um, so when you um what drew your attention to what the defendant was doing?

[00:02:57]>> Uh, he was at a house that I had been uh investigating for a little bit.

[00:03:05]>> And were you doing surveillance or were you just on normal patrol?

[00:03:10]just normal patrol. Okay.

[00:03:14]>> And um did you what did you do after you noticed he was at that house?

[00:03:22]>> Uh went and parked somewhere and watched the house.

[00:03:26]>> Okay. Where did you park at?

[00:03:29]>> I don't recall.

[00:03:31]>> Was it in a viewpoint of that house?

[00:03:34]>> Yes.

[00:03:36]And when did he approximately leave that house?

[00:03:42]>> I don't recall. Right.

[00:03:45]>> What did you see the defendant do next?

[00:03:48]>> Uh he drove uh to uh up around the 1100 block of North Oak.

[00:03:56]>> Did you um follow to see where he was going?

[00:04:01]>> I did. Yes.

[00:04:03]And approximately how far apart would be North Oak from Malberry Street?

[00:04:14]>> Half mile.

[00:04:17]>> Okay.

[00:04:19]When you um what did you see him do when he went to the North Oak address?

[00:04:27]>> Uh he got out and spoke with an individual.

[00:04:31]>> Okay. Did he go in the house?

[00:04:35]>> I don't recall.

[00:04:38]>> Now, did you end up um following him further?

[00:04:46]>> I did. Yes.

[00:04:48]>> What did he do next?

[00:04:49]>> Uh he went to Casey's next on uh 7th in Maine.

[00:04:56]And after he was done at Casey's, uh, was there anything that you observed after the Casey's location?

[00:05:05]>> Yes. Yeah, he, uh, left Casey's and went into the alley between Maine and, uh, Elm Street on 7th.

[00:05:14]>> Did you notice anything unus unusual when he was at the alley between Maine and 7th?

[00:05:23]Uh, I noticed someone was outside the vehicle.

[00:05:28]>> And what happened when he left the alley at um Casey's the Casey's area?

[00:05:37]>> Uh, Sergeant Cordell informed me that he failed to stop leaving the alley.

[00:05:42]>> Okay. Were you able to see him from your view vantage point?

[00:05:46]>> Uh, leaving the alley? No, I was not.

[00:05:49]>> Okay.

[00:05:50]And so after you um got the Did Sergeant Cordell call you or radio you?

[00:05:58]>> Radio me.

[00:06:01]>> Then after he radioed you, did you effectuate a traffic stop?

[00:06:06]>> I did. Yes.

[00:06:08]>> All right. Um when did you activate your license sirens?

[00:06:17]uh around Third and Oak.

[00:06:20]>> Did it take you a bit to catch up to the defendant?

[00:06:24]>> It did. Yes.

[00:06:26]>> How far back approximately does your uh dash cam kick on from the time that you activate your lights and sirens?

[00:06:37]>> I believe 30 seconds to a minute.

[00:06:41]Did you um did your camera back up all the way to the defendant pulling out of the alleyway?

[00:06:50]>> No, it did not.

[00:06:53]>> And when you effectuated the traffic stop, where was the defendant when you effectuated the stop?

[00:07:00]>> At Third and Oak.

[00:07:03]>> And is there anything of note around the area of Third and Oak Street?

[00:07:09]Yes, it's about 500 ft from the district office.

[00:07:15]>> Now, um did you um conduct your traffic stop?

[00:07:24]>> I did. Yes.

[00:07:26]>> And what happened while you were conducting your traffic stop?

[00:07:30]>> I asked for driver's license insurance, which uh Parker Warren provided. And then I went back to my vehicle and Sergeant Cordell and K9 Kilo performed a free air snap around the vehicle.

[00:07:44]>> Were you engaged in your traffic stop while they did that?

[00:07:48]>> I was. Yes.

[00:07:51]>> Did um Sergeant Cordell come back and notify you what the results of K9 kilos free or sniff was?

[00:07:59]>> Yes, he did.

[00:08:01]>> And what did Sergeant Cordell relate to you? uh that they were it was a positive alert.

[00:08:09]>> Then did you um continue with your traffic stop or did you do something different after the point of getting the notification of the alert?

[00:08:20]>> Uh I continue checking the driving privileges of Kirk Warren.

[00:08:26]>> Did Sergeant Cordell then deal with some of the issues regarding the free air sniff?

[00:08:35]Did he conduct the search or did he wait for you to conduct the search?

[00:08:38]>> Oh, I conducted the search.

[00:08:42]>> Was that after you checked Mr. Warren's driving privileges?

[00:08:46]>> Yes.

[00:08:49]>> And um when you uh dealt with the search, did you find items of evidentiary value?

[00:09:01]>> I did. Yes.

[00:09:05]Then did you field test them?

[00:09:07]>> I did. Yes.

[00:09:10]>> Um, your honor, I believe I will pass this witness to the defense.

[00:09:16]>> Ambrose, do you have questions for this witness?

[00:09:19]>> Yes, your honor.

[00:09:20]>> May proceed.

[00:09:21]>> Thank you, Judge. Uh, Deputy Andrews, um, you had indicated that this all kind of started. You were driving by on River Street and you noticed a vehicle in front of a house that you've been investigating. Is that right?

[00:09:36]>> That's correct.

[00:09:37]>> Okay. And was the And um at some point in this process, you identified this you associate this vehicle with Kirk Warren.

[00:09:48]Is that right?

[00:09:50]>> That's correct.

[00:09:51]>> Okay. Um so when you drive past this house on River Street, is Mr. Warren in the vehicle at that time?

[00:09:58]I don't recall.

[00:09:59]>> Okay. And how long do you about how long were you and Actually, let me move back a second. I apologize. Um, and so you see this vehicle at this house of interest. Do you stop and kind of observe for a while or what happens then?

[00:10:14]>> Yes. Yeah. I surveil the >> Okay.

[00:10:17]>> residence. And at some point, uh, an individual leaves the residence and goes to the vehicle.

[00:10:27]>> I would assume so. I I don't recall.

[00:10:30]>> Okay. And do you remember how long you were there?

[00:10:33]>> I don't.

[00:10:34]>> Okay. Um, so eventually this vehicle gets to moving down the road again. Is that right?

[00:10:40]>> Yes.

[00:10:41]>> Okay. Um, and you follow the vehicle at that point. Is that right? That's correct.

[00:10:48]>> Um you then um the vehicle stops at a second location?

[00:10:59]>> Yes.

[00:11:00]>> Okay. And was that in the 1100th block of North North Oak?

[00:11:05]>> Yes, sir.

[00:11:06]>> Okay. Um, and you recall an individual and that someone getting out of the vehicle and speaking with an individual, but you don't recall if they went in the house.

[00:11:17]Is that right?

[00:11:18]>> That's correct.

[00:11:19]>> Okay. Um, and then after that, the vehicle continued on to Casey's at 7th and Maine.

[00:11:25]>> Yes.

[00:11:25]>> Okay. Um then uh past that you have a uh uh vehicle leaves Casey's and as the vehicle leaves Casey's there's an alley.

[00:11:42]Is it behind Casey's there?

[00:11:44]>> Yes, it's uh to the east.

[00:11:46]>> Okay. And that's the alley that we're talking about, right?

[00:11:49]>> That is. Yes.

[00:11:50]>> Okay. Um and um upon leaving the that vehicle leaving the alley, you're notified by Sergeant Cordell that the vehicle failed to stop. Is that right?

[00:12:03]>> That's correct.

[00:12:03]>> Okay. But you didn't see that?

[00:12:06]>> No, I did not.

[00:12:07]>> Okay. Um now eventually you perform a traffic stop. Um, and you get the license and registration from the driver of the vehicle. He identified as Mr. Warren, right?

[00:12:22]>> Yes.

[00:12:23]>> Okay. Um, at what point in this traffic stop does Sergeant Cordell arrive?

[00:12:36]Uh, I believe I can't speak for that. I I know fairly uh shortly after the stop. I can't tell you exactly when he arrived.

[00:12:46]>> Are we talking within like minutes or like 15 minutes or how fast?

[00:12:51]>> Oh, minutes.

[00:12:52]>> Okay. Um I don't have any further questions of this witness. Thank you, Judge.

[00:13:01]>> Anything further for this witness, Miss Gillette?

[00:13:04]>> Uh not at that time. We just ask that he remain in case we need rebuttal.

[00:13:08]>> Very well.

[00:13:10]State may call their next witness.

[00:13:12]>> We'll call Sergeant Cordell.

[00:13:18]Okay. Sergeant Cordell would raise his right hand. The court will administer an oath. You do solemnly swear that the testimony you're about to give in the matter now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God.

[00:13:30]>> Yes, sir.

[00:13:31]>> You may question the witness, Miss Gillette.

[00:13:33]>> Could you please state your name for the record?

[00:13:36]>> Uh, Sergeant Mike Cordell. How are you employed?

[00:13:40]>> I'm a patrol supervisor and canine handler for the Greenwood County Sheriff's Office.

[00:13:45]>> And how long have you been so employed?

[00:13:48]>> I've been with Greenwood County approximately 10 years and total law enforcement a little over 22 years.

[00:14:01]And are you the um are you the patrol sergeant for the shift you were on that night?

[00:14:10]>> Um yes, I'm I'm a patrol sergeant for the sheriff's office. Yes.

[00:14:14]>> Okay. And um who was your K9 partner at the time?

[00:14:21]>> Kilo.

[00:14:22]>> Okay. And do you maintain the records on Kilo?

[00:14:29]>> Yes, I do.

[00:14:33]>> And how do you maintain those records on Kilo?

[00:14:37]>> Um, I keep electronic training records uh through a uh proprietary application called PACT track. Um, and then I also have as far as the certification, I maintain a paper copy as well as a digital copy of those uh certifications.

[00:14:54]And have you um when you were on duty, were you contacted or did you hear radio traffic from uh Deputy Andrews?

[00:15:07]>> Yes. Um he informed me that uh he was watching a vehicle that had left a house that we had been conducting surveillance on. um and uh that it he told me when he saw the vehicle there and then also when he uh began following the vehicle to other locations.

[00:15:26]>> So when he uh did he indicate that the vehicle had gone to Casey's?

[00:15:34]>> I believe so. I don't I don't recall the specific uh locations aside from the initial location and the last location.

[00:15:42]>> Okay. Were you near Casey's when uh the vehicle was in the alley?

[00:15:49]>> Uh I was at the intersection of Seventh and Maine.

[00:15:54]>> Okay.

[00:15:55]Which direction did the vehicle come out of the alleyway?

[00:16:00]>> The vehicle exited the alley southbound.

[00:16:03]Um the alley's approximately a half a block uh east of Maine. and it exited south onto 7th Street and then went west on 7th Street.

[00:16:14]>> Okay. Um, your honor, I have a map that is pulled up of that area of Eureka. I'd asked to be able to share it so that Sergeant Cordell could direct us on the map as to where he saw the vehicle.

[00:16:36]Permission to share screen. Any objection by the defense?

[00:16:40]>> No, your honor.

[00:16:42]>> You may uh put up the map, Miss Gillette.

[00:16:47]>> I've since a share screen request for Mandy.

[00:16:51]All right.

[00:16:52]Um, >> can you see the map? Okay. Your honor, >> I can. Okay. Um, Sergeant, could you indicate on the map um by description of where approximately that alleyway is located?

[00:17:19]>> Uh, yes. I'm working on a pretty small screen and as I'm getting older, that's a little harder to see, but um I can see it. Okay. The So, you see the the blue marker uh north of that intersection of 7th and Maine. So, south of that uh is a parking lot. That's where I was uh sitting facing east. That uh long building right there on the northeast corner of uh 7th and Maine. On the east side of that building is the alleyway that he came out of.

[00:17:51]>> Okay. So, the dot that you're talking about is the one that's to the left of Main Street.

[00:18:01]>> Yes.

[00:18:01]>> Okay. And so that parking lot just south of that building, that's where you were located.

[00:18:06]>> The parking lot on the southwest corner of that intersection, there's a laundromat right there. So you can park basically at the intersection but not in the roadway.

[00:18:15]>> All right. So you were in the laundromat's parking lot.

[00:18:18]>> Yes.

[00:18:19]>> All right. And so you could Did you have a clear view of the alleyway?

[00:18:24]>> Very clear view. that that uh that long horizontally building right there um is uh actually set back to the north of the roadway and there is a very wide sidewalk area I guess for lack of better term. Um it's a paved area right there on the south side of that building. So it's actually set back from the roadway.

[00:18:45]You have a very clear view of the uh alleyway and the intersection of the alleyway and the roadway from where I was at.

[00:18:51]>> Okay. And what did you witness as the defendant left the alleyway?

[00:18:57]>> Uh, the vehicle came south in the alleyway and then entered the roadway without coming to a stop.

[00:19:04]>> And was your vehicle pointed north or south or east or west? What what direction were you facing?

[00:19:13]>> Uh, it would have been uh northeast probably east northeast. it so favoring the east direction so I can see through the windshield.

[00:19:23]>> Okay. And was his exit from the alleyway caught on your dash camera?

[00:19:32]>> My So the dash cameras go back uh one minute. The body cameras go back 30 seconds and the dash cameras go back one minute from the time that you uh that there's an event at turning your lights on or something like that. Uh my camera actually initiates as I'm westbound on 7th Street approaching Oak and turning south uh to go to the traffic stop. So it's not on the dash cam recording.

[00:19:55]>> Okay.

[00:19:57]>> And then um want to talk a little bit more when you got to the um traffic stop approximately what time did you get there?

[00:20:11]Um, I I'd have to look at the time on uh on my dash camera, but uh I arrived while Deputy Andrews was was still making his initial contact at the driver's side window.

[00:20:25]>> And um do you deploy Kilo while anyone's outside of the vehicle?

[00:20:32]>> I can uh typically I I wait until uh the deputy walks away from the car.

[00:20:38]>> Did you do that here?

[00:20:40]My apologies. My phone was ringing. It's uh taking you off the screen there. Just a moment.

[00:20:47]Okay, got that fixed. Um yes, I I waited till he was away from the vehicle.

[00:20:54]>> All right. Is Kilo trained as a um dog to subdue defend a suspects?

[00:21:02]>> Yes.

[00:21:03]>> So, is it safer to make sure no one's around the vehicle?

[00:21:07]>> As a general rule, yes. It's It's better to not have somebody right there next to where he's working.

[00:21:16]>> Now, did you um when you deployed uh K9 Kilo, do you mark the time, the location, and the date?

[00:21:26]>> Yes.

[00:21:28]>> And do you keep routine training logs?

[00:21:32]>> I do.

[00:21:34]And do you keep routine um c keep your certifications?

[00:21:40]>> Yes.

[00:21:41]>> Okay. I'm going to stop the share of the map, your honor. Um do you when you keep these records, how do you keep them?

[00:21:51]>> Uh they're they're on that app that I was talking about, Pack Track. It's a internetbased proprietary app for law enforcement to track uh K9 records and deployments.

[00:22:03]>> And have you provided the county attorney's office a copy of your and Kilo certification as a K9 officer pair?

[00:22:14]>> Yes.

[00:22:15]>> When were you certified most recently with Kilo? uh prior to this stop uh would have been between the dates of April 28th and May 2nd was the uh Kansas Police Dog Association spring training and certification.

[00:22:33]>> And did you conduct any of the trainings between that time frame and the stop?

[00:22:40]>> Yes, I actually did a uh uh detection training the night before this. It would have been on May 31st.

[00:22:48]Okay.

[00:22:49]And did you provide a true and accurate copy of those records?

[00:22:56]>> I believe I provided you with a copy of that training record, but I know I provided you with a copy of the certification.

[00:23:03]>> And are they true and accurate copies?

[00:23:06]>> Yes.

[00:23:08]>> Have there been any modifications, corrections, or additions to them?

[00:23:13]>> No. Would they reflect the um the way they were at the time accurately?

[00:23:23]>> Yes, >> your honor. We'd move to admit the training certification and the last training record before this would be the only one between the certification and this um deployment.

[00:23:39]We'd move to admit those into evidence.

[00:23:43]>> Any objection by the defense?

[00:23:46]>> And just so we're on the same page, Miss Gillette, that's the thing that I was sent earlier today. Correct.

[00:23:51]>> Correct.

[00:23:52]>> Without objection.

[00:23:54]>> Very well. Those documents will be admitted into evidence.

[00:23:57]>> Your honor, we would uh screen share and ask to publish those to the court.

[00:24:01]>> You may do so.

[00:24:29]There we go.

[00:24:34]Should I'm going to I'm going to make the size smaller so hopefully you can see it better, your honor. Is that probably too small? Let me Can you see that? Okay.

[00:24:55]For some reason, my screen did not rotate them.

[00:25:06]Okay. Um, Mr. >> I'm looking for a date on the certificate.

[00:25:11]>> Okay, I see it now.

[00:25:12]>> Right below the names.

[00:25:18]And Sergeant, is this the certificate you received from the Kansas Police Dog Association?

[00:25:25]>> That is the certificate of attendance to the spring training. Yes. There's also a separate uh document that shows the certification for the specific odors, which you should have. I sent those uh to you as a package >> and is I don't I don't know if I have that. All right.

[00:25:48]This is the train is this the training report that you sent for the um training you conducted?

[00:25:55]>> Yes.

[00:25:56]>> What was the date of this training?

[00:25:58]>> Uh May 31st.

[00:26:02]>> Um where did you conduct that training?

[00:26:05]>> At the sheriff's office.

[00:26:11]And is it a control more of a controlled environment when you conduct trainings?

[00:26:16]Yes, it's I it's a sterile environment where I know there's no other drug odors and where there's no people present or any other uh hazards.

[00:26:29]All right, your honor, have you been able to review that sufficiently or do you need it to remain on the screen?

[00:26:36]>> You can remove it from the screen if you so desire.

[00:26:40]>> Thank you.

[00:26:42]And your honor, the map is a demonstrative, so it doesn't really have an exhibit number, but we're going to mark the certification and training logs as exhibit one.

[00:27:03]>> Very well.

[00:27:07]>> Okay. And Sergeant When um Kila was deployed on this instance, um did he give an alert?

[00:27:25]>> Yes, he gave a positive alert and final indication uh at the rear seam of the driver's side front door.

[00:27:34]And what is Kilo's basic alert type behavior?

[00:27:43]>> Uh so alert behavior is a noticeable change in their behavior when they uh detect an odor. Um so it it varies depending on the environment and the wind conditions and things like that.

[00:27:54]But uh you'll see a general stiffening of the body and the tail. Um and uh what we call a head snap where they're going by an area and they'll snap their head back to that area as they detect that odor. And then they do what's called bracketing which uh sometimes you see, sometimes you don't depending on how close of a source of the odor they are.

[00:28:11]Um which is where they'll kind of sniff back and forth until they find the strongest source of the odor.

[00:28:18]Now um is the final final indication what what does that do?

[00:28:25]>> So the final indication is not a necessary step but it's a final trained response and what that is um is the dog is trained that when they locate what they believe to be the strongest source of the odor. Um then they exhibit a specific trained behavior to to let the handler know uh that they're done searching. And for for both Kilo and my current K9 crack and that that final trained indication uh is to sit.

[00:28:53]>> And does an odor at a seam necessarily indicate that the drug is right at the seam or the spot in the vehicle?

[00:29:02]>> No. So the the strongest source of the odor is the strong the place where the odor is emanating from the vehicle the strongest which a lot of times is going to be the door seam or the uh holes where the door handles go through the door panel. Um so the the odor escapes the vehicle through openings that allow air to escape. And so depending on wind conditions and how how air is moving in a vehicle, whether the air conditioner or heater is on at the time, windows down, things like that, it'll cause the odor to escape in different locations.

[00:29:36]Um, usually it's going to be through the the door seams and the door handles.

[00:29:42]>> Is there a specific amount of drug that there has to be present for a dog to alert?

[00:29:48]>> No, the the dog alerts to the odor of the drug, not the presence of the drug.

[00:29:52]So I we train on trace odor all the way up to uh pounds of drugs so that that way the dog gets accustomed to the the difference between a large amount of odor and a small amount of odor.

[00:30:06]>> Can the dog alert to an odor even if an item has been removed >> if the item was there recently enough?

[00:30:14]Um, so the way I explain it to people on the side of the road, uh, so that so that they can under understand how the dog works. Um, the way I explain it is, uh, if you go and you buy fast food from McDonald's, it comes in a paper bag. You eat the food of that out of that bag.

[00:30:28]That bag is going to still smell like McDonald's food for a little while. That odor eventually fades. Um, when it comes to drug odor, it's such a minute odor.

[00:30:37]The odor doesn't stay for an exceptional amount of time. Um, but it will stay for a little while after a drug is removed.

[00:30:48]>> Your honor, I will pass this uh witness to the defense.

[00:30:54]>> Very well. Mr. Ambrose, you may question the witness.

[00:30:57]>> Thank you, Judge. Um, Sergeant Cordell, I'm going to start us off um with you sitting at the southwest of the intersection of Seventh and Maine. Okay.

[00:31:08]>> Okay.

[00:31:09]>> Okay. And just to help my memory, you had indicated that that was in a in the parking you were sitting in the parking lot of what's a laundry mat there in town. Is that right?

[00:31:19]>> Yeah. So, basically just right at the southwest corner of that intersection uh close to the riverway.

[00:31:25]>> Okay. And then caddy corner across from you is that long rectangular building that we saw on the map. Is that right?

[00:31:34]>> Yes.

[00:31:35]>> Okay. Um, adjacent to that building is an alley, correct?

[00:31:41]>> Yes.

[00:31:42]>> And on the north end of that alley is the Casey's that we've heard testified about to today, right?

[00:31:47]>> The the back side of the Casey's. Yes.

[00:31:49]>> Okay.

[00:31:52]And so, um, you were stationary in that parking lot. Uh, you testified that you saw the vehicle that has been identified as driven by Mr. Warren go down that alley. Um, I guess it would be going south down that alley.

[00:32:11]Is that right?

[00:32:13]>> So, Deputy Andrews had observed the vehicle in the alley and was concerned that they might have seen that where he was sitting and wouldn't leave if he was there. So, I took a position at that southwest corner of the intersection so that I could see the exit from the alley because the vehicle was facing south.

[00:32:27]>> Okay. Um, and then I observed a vehicle as it, uh, went past the corner of that building prior to entering the roadway is where I first observed it.

[00:32:37]>> Okay. And so, um, you saw as the vehicle went past that long rectangular building that we've been talking about into the roadway then, correct?

[00:32:48]>> Yes.

[00:32:48]>> Okay. So during that time period, did you see um the vehicle um stop at all?

[00:33:00]>> No.

[00:33:01]>> What did you see the vehicle do as it went south out of that alley onto the roadway?

[00:33:06]>> No, it just continued to to drive from the alley into the roadway without stopping.

[00:33:11]>> Okay. Now, um where um and just just so we're clear, um we in that map that we saw um it looked like there was some gap between where your line of sight with that building um would have started and the roadway begins. Is that right?

[00:33:41]>> I guess I'm not understanding the >> specific question.

[00:33:45]>> Okay, let me re ask it. See if I can do better. Um, is there like a sidewalk there um along the roadway on that uh street?

[00:33:55]>> I use the term sidewalk because it is a concrete paved area, but there's not a sidewalk. It's just a a paved area on the south side of that building that's uh similar construction to a sidewalk, but very wide. I mean, it's wide enough that we've parked a fire truck, a large fire truck on that concrete between the building and the roadway. So, it's a large area of paved section. Um, it's not sidewalk, though.

[00:34:17]>> Okay. Um, and and I guess my question is this, if um in that space, is there room for a person to stop before they turn onto the roadway there? and >> there there is room to stop prior to entering the roadway. Um, you know, as you're exiting the alley, I guess. I don't I'm not sure if that answers the question you're asking.

[00:34:47]>> I think it does. Thank you. Um, and so, um, you your testimony is you observed the vehicle not stop at the intersection or not stop at the end of the end of the alley. Um and then you contact uh Deputy Andrews and inform him that a traffic violation occurred. Is that right?

[00:35:08]>> Yes.

[00:35:09]>> Okay. Um then um you start heading back to where um sir or excuse me, Deputy Andrews is at where a traffic stop has been affectuated.

[00:35:26]>> Yes. So when I turned south, um he was just beginning to initiate his traffic stop. Um and so I got there shortly after the vehicle came to a stop.

[00:35:36]>> Okay.

[00:35:38]And um at that point, you get Kilo out of your patrol vehicle.

[00:35:47]>> Yes.

[00:35:48]>> Okay. Uh and you conduct a free air sniff at that point.

[00:35:51]>> Yes.

[00:35:52]>> I guess technically Kilo conducts a free air sniff. you guide Kilo through the process of conducting a free air >> sniff.

[00:35:58]>> Um, and when you did that free air sniff, where did you uh start uh what part of the vehicle did you start the free air sniff at?

[00:36:09]>> Uh, the rear bumper, probably the driver side. That's my That's typically what I do, unless there's some egregious wind condition that dictates otherwise. But, um, it would have been the the driver side corner of the the rear bumper.

[00:36:21]>> Okay. And then um you take kilo around the vehicle.

[00:36:30]>> Yes.

[00:36:30]>> Okay. And uh you had indicated that um at the rear seam of the driver's front door kilo alerts.

[00:36:41]>> Yes.

[00:36:42]>> Okay. So you had just just so I understand you start at the rear bumper and then you go up towards the driver's side. So you don't get very far along the car before kilo alerts then. Is that right?

[00:36:50]>> No. I actually worked my way around uh counterclockwise. So he he would have checked the rear of the vehicle, up the passenger side of the vehicle, around the front of the vehicle, and then back down the driver's side until he got to that rear seam of the driver's side front door. So almost all the way around the vehicle.

[00:37:05]>> Okay.

[00:37:13]>> I don't believe I have any further questions. Judge >> Mr. Let any follow-up questioning for Sergeant Cordell.

[00:37:20]Now, Sergeant, just when we I'm gonna put back up the map for a second. Um, all right. So, are you able to see my cursor as the little plus sign?

[00:37:41]>> Um, no. It's >> No. Okay. So, uh, I don't know how to get you to do that.

[00:37:53]Um, so for the end of the building that is north of 7th Street there, do you know approximately, and I know it's going to be a guesstimate, how wide that area is to the corner from the edge of the building?

[00:38:11]>> I don't know the the measurement. Um, like I said, I mean, I've seen a school bus park entirely off the roadway on that uh on that paved area. I've seen a firet truck parked there. Um, we do uh sort of kind of a sort of parade for for home games sometimes. And I've seen uh I've seen large vehicles parked completely off the roadway between the vehic the roadway on that. So, I mean, it's a it's a fairly wide paved area. That's where we begin all of those processions.

[00:38:42]So, um, it gets utilized for that sometimes. Um, I've parked my patrol car there. I It's It's It's pretty wide.

[00:38:51]>> Okay. No further questions.

[00:38:56]>> Any followup from you, Mr. Ambrose?

[00:38:58]>> No recross for me out of that last couple questions there, Judge. Thank you.

[00:39:02]>> Very well. Well, does the uh county attorney's office intend to call any further witnesses at this hearing?

[00:39:10]>> We do not, your honor. We will rest.

[00:39:13]>> Mr. Ambrose, do you intend to present evidence at this hearing?

[00:39:17]>> I'd like to speak with my client for just a minute if I could. If I could have a breakout room.

[00:39:21]>> The court will allow it.

[00:39:24]>> All right. Following a brief recess where there was an opportunity for a private attorney client conversation.

[00:39:30]We're back on the record in the Warren case. Miss Gillette, Mr. Ambrose, Mr. Warren appearing as before. Uh, following this break, what announcement is made by the defense?

[00:39:41]>> Uh, your honor, at this point, we're going to call Mr. Warren testify.

[00:39:47]>> Very well. All right, Mr. Warren.

[00:39:52]>> Yes, sir.

[00:39:53]>> You understand that you're not required to testify in a criminal case. If you do decide to testify, it's at your own choice. Do you understand that?

[00:40:01]>> Yes, sir. You further understand that any testimony you give could conceivably be used to assist the state in establishing your guilt uh as you're accused of a crime. Do you understand that?

[00:40:12]>> Yes.

[00:40:14]>> But uh taking into account a potential risk that you're going to say something that would be harmful to your case, you're wanting to testify at this motion new suppress. Is that correct?

[00:40:24]>> Yes, sir. And do you also understand that within certain limitations, prosecutor also would have the opportunity to ask you questions?

[00:40:32]>> Yes.

[00:40:33]>> All right. Very well. And you again have decided on your own. It's your personal choice to go ahead and testify in your case. Is that correct, sir?

[00:40:41]>> Yes, sir.

[00:40:42]>> Very well. Then if you'll raise your right hand, Mr. Warren, the court will administer an oath. You do solemnly swear that the testimony you're about to give in the matter now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you, God.

[00:40:54]I do.

[00:40:55]>> You may question uh the witness, Mr. Ambrose.

[00:40:58]>> Yes.

[00:41:01]>> Could you please state your name for the record?

[00:41:03]>> Kirk Ray Warren.

[00:41:05]>> And you're the defendant in this case.

[00:41:07]Is that right, Mr. Warren?

[00:41:08]>> Yes, sir.

[00:41:09]>> Okay. Um and you've been here this afternoon while we've heard other testimony regarding this matter?

[00:41:17]>> Yes.

[00:41:17]>> Okay.

[00:41:19]Um, and have you heard some testimony regarding um a vehicle um you were driving exiting the corner of exiting uh 7th uh in Main Street there in Eureka, Kansas?

[00:41:40]>> You mean coming out of the alleyway?

[00:41:42]>> Yes, sir.

[00:41:43]>> Yes.

[00:41:43]>> Okay. Um, what is your recollection of how that uh exit of that alleyway went down?

[00:41:56]>> You mean did I stop or not? Is that what you're saying?

[00:42:01]>> My question for you, sir, is what do you remember about leaving that alleyway?

[00:42:04]What steps did you take or did you not take?

[00:42:07]>> I stopped and looked both directions. It just got dark. Didn't see a car in sight.

[00:42:12]>> Okay. And do you recall where you stopped um in that interse at that intersection?

[00:42:21]I I don't remember it if it was back by the building or out by the street because there is like a there's like he said there's a cement slab there with you know like in front of that building.

[00:42:37]But I did stop. I I don't break any any violations of driving.

[00:42:44]I don't speed. I don't do none of that stuff.

[00:42:48]>> And um you had testified then that you had stopped and looked both ways.

[00:42:54]>> Yes.

[00:42:55]>> Okay. And what did you do after you stopped and looked both ways?

[00:43:00]Well, then I come on out the alley and and went west to Oak Street and then down Oak Street from Seabth down here to to Third Street when when uh um Mr. Andrews stopped me. Okay.

[00:43:21]>> Thank you. I don't have any further questions for this witness.

[00:43:25]>> Mr. Do you have any questions along those lines?

[00:43:29]I do not.

[00:43:34]>> Very well. Thank you.

[00:43:36]>> That concludes Mr. Warren's testimony at this time. Mr. Ambrose, do you intend to present further evidence at this hearing?

[00:43:42]>> No, your honor.

[00:43:46]>> Any rebuttal evidence that you intend to present at this hearing, Miss Gillette?

[00:43:50]>> I don't believe so, your Well, yes. Let me briefly call Sergeant Cordell.

[00:43:58]Sergeant Cordell, if you could rejoin the meeting fully.

[00:44:01]Sergeant Cordell, I will remind you that you you remain under oath.

[00:44:05]>> Go ahead. I need to see you.

[00:44:06]>> Yes, sir. Give me give me just a moment here. I I thought I was done, so I started uh driving south, but I will uh pull over right here. I don't want to drive while I'm testifying.

[00:44:16]>> That's appreciated.

[00:44:37]You hear me? Okay.

[00:44:39]>> Okay. I think we're good now. Mr. Gillette, you may resume your questioning of Sergeant Cordell.

[00:44:45]>> The Sergeant, I just have a couple brief questions.

[00:44:49]If someone stopped before the corner of that building, would they be able to look both ways?

[00:44:57]>> No, ma'am.

[00:44:59]>> And if he had stopped after the building, would you have been able to see him?

[00:45:05]>> Yes, ma'am. It was dark out and uh the vehicle had its lights on and I would have been able to see the vehicle stop.

[00:45:12]It did not stop after passing the corner of that building.

[00:45:17]No further questions, your honor.

[00:45:21]>> Sir Ambrose.

[00:45:23]>> Nothing for me, Judge. Thank you.

[00:45:25]>> Very well.

[00:45:27]And that concludes uh the second portion of Sergeant Cordell's testimony.

[00:45:31]Anything further from the state, Miss Gillette?

[00:45:34]>> No, your honor.

[00:45:36]>> Mr. Ambrose.

[00:45:38]>> Uh nothing further, Judge. Just statements.

[00:45:40]>> Very well. The court would find some brief summary argument from each party to be helpful. We'll begin with Mr. Gillette on behalf of the state as they have the burden of proof here.

[00:45:54]>> Your honor, a traffic stop is allowed even if it is pretextual.

[00:46:02]State versus Brewer says that a traffic stop is a seizure under the purview of the Fourth Amendment. In order to stop a vehicle, an officer must have articulable facts sufficient to constitute reasonable suspicion that the operator of the vehicle is committing, has committed, or is about to commit a crime. A traffic violation provides an objectively valid reason to effectuate a traffic stop, even if the stop is pretextual.

[00:46:28]Um, it has been known that vehicles have been followed for 15 miles and there was a traffic infraction. It was stopped that long. We don't have that here. Um, this vehicle proceeded to go all over town. Um, more than one place of known um, drug activity that was being watched. That's what drew the original attention to the vehicle.

[00:46:58]Um but the vehicle failed to stop at the alleyway. Sergeant Cordell was parked in a way to watch that alleyway um in case they um tried to not exit or do something different because uh Deputy Andrews was up on the north end of the block watching the alleyway that way.

[00:47:20]um traffic stop was conducted and a valid uh free air sniff was conducted of the vehicle with an alert. The certifications and trainings of this um team has been done. They completed the 27 hours between 42 of 20 420 28 of 25 and 52 of 2025.

[00:47:49]um hosted by the Butler County Training Group in Butler County and um that certificate was uh shown of their training and report was also um shown and um routine trainings is all that is required. it doesn't ascribe subscribe in the um case law as to a specific amount of training.

[00:48:18]In this case, approximately a month has gone by and there was already one training conducted in that month. Um therefore that is what meets the gold standard in Florida v Harris as to what is required. Deployment logs are not required. Although um Sergeant Cordell does keep deployment logs. Real life situations have been um denied to be what the standard is and the controlled trainings are what the standards are for training logs. The certification is there and we have shown both of those as exhibit one containing three pages um in state v brewer and I will give you that site. It is 49 can app 102 305 Pacific 3676 2013.

[00:49:21]The court's quote several cases regarding stops. Uh Mr. Brewer had contested his stop several times. Um the officer in that case had followed the vehicle six or seven blocks and the vehicle pulled into the driveway of a residence where the driver got out and tried to go in the house. Then the traffic stop was affectuated actually in the driveway.

[00:49:49]Um, so it was a significant amount of uh blocks that the car was followed. Um, while the other officer was writing a s a citation, Carswell used his K9 and conducted a a free air sniff of that vehicle. It was 10 to 12 minutes after the vehicle stop. We don't have that here. This is pretty much immediate.

[00:50:14]Sergeant Cordell arrives while Deputy Andrews is still at the window and waits for him to get back to his car to run the license information um before he approaches the vehicle. So, he's right there right away. Uh the gold standard again on K9 is the uh Florida v Harris standards.

[00:50:38]The state of Kansas had adopted those in state v Barker. That's 252 CAN uh 949. That's 850 Pacific 385.

[00:50:50]And that's back in 1993.

[00:50:53]We continue to have the standards from Florida v. Harris and the Barker case.

[00:50:59]This case of Brewer cites all of them and continues to hold them up as good law. United States versus Salgado is the case and state versus when nu both of those cases um say that real life probabilities are not anything to be argued. It's that the routine trainings and certifications are occurring which have both happened here.

[00:51:30]In fact, the dog had just recently been certified barely a month or a little over a month um prior to this stop.

[00:51:39]Therefore, we would ask the court to find that the stop was appropriate and that the alert of the K9 is appropriate and that therefore all of the evidence found within the vehicle is um also appropriate. the officer testified and we uh put up the demonstrative map so the court could clearly understand how far back this building is from the corner of that alleyway. If someone stopped behind that building, they would be significantly further back. Um the width of a fire truck, the width of a patrol car, the width of a bus. This is a very wide concrete slab that's to the south of this building um from the edge of the building to the corner of the alleyway.

[00:52:38]If someone stopped that far back, they couldn't clearly see around the corner of that building. And the map clearly shows how close that building's edge is to the alleyway and how far back it is from the corner. And so, Sergeant Cordell would have had a clear shot to be able to see whether that vehicle stopped. And again, the lights were on as he testified. The vehicle did not stop. And that is why the traffic stop was affectuated on his vehicle. We'd ask the court to deny the motion to suppress.

[00:53:17]>> Very well, Miss Jul Mr. Ambrose.

[00:53:19]>> Yes, your honor. Thank you. Um, I'm going to hit two main points in my summation. Uh, first off, uh, based upon the testimony we heard from Mr. Warren himself this afternoon, uh, he did completely stop at that intersection.

[00:53:34]Um, accordingly, no traffic stop occur, no traffic violation occurred. The traffic stop was inappropriate. Um, and because of that, the evidence should be suppressed. Um, however, alternatively, if the court doesn't find that compelling, I'd point towards uh the training records and certifica the training records and certificate of training and attendance that we were provided by the state. And I think that what they marked as exhibit one. Um, that did provide a training report from May 31st, which was a a day before the stop. Um, also it provided a Kansas Police Dog Association uh certificate of training and attendance. That 27 hours of training was completed um from April 28th to May 2nd of 25 um involving uh K9 Kilo and Sergeant Cordell. Um however we were not provided the certification that the dog was reertified at that time. Uh accordingly I think without that certification um there brings about uh significant enough questions uh that suppression is the appropriate remedy at this point. Um those are our two points of concern this afternoon.

[00:54:55]>> Mr. Ambers, are you suggesting that the uh K9 that was certified a month earlier had lost certification between I believe May 2nd and June the 1st?

[00:55:06]>> Well, not that your honor, but what I my contention is that while a certificate of training and attendance was provided, no certificate of reertification was provided for that dog.

[00:55:22]>> Certificate of reertification.

[00:55:24]There was no verification of the reertification for the smells themselves provided. During Sergeant Cordell's testimony, he had stated that he had provided that to the state. However, that was not in the packet that was exhibit one today.

[00:55:39]>> Miss Gillette, your response. I think that Sergeant Cordell was having a hard time seeing on his screen because the the certificate uh let me pop it back up on the screen for your honor so you can see it because I had to actually have this certificate for a prior case where they asked for the certificate. of training and this is actually the certificate of training. Um so um when you look right here, this is the certificate of training and attendance is to certify that Mike Cordell and K9 Kilo completed the 27 hours on 428 2025 through 52205 and then who tra who hosted it which is the Butler County Training Group in Butler County and the topics included and it gives all of the different topics that were included and it is signed by the president and vice president of the Kansas Police Dog Association.

[00:57:02]Believe the certificate of training and attendance.

[00:57:06]>> Very well, Mr. Light. Uh you can take down the screen share at this time.

[00:57:15]Very well.

[00:57:17]Having heard the arguments of the parties in the case, the court is prepared to rule at this time. First of all, the court rules at this time that the stop of um Mr. Warren's vehicle uh was based on the viewing of a traffic infraction by a law enforcement officer, which creates legal grounds for a vehicle stop. The issue of credibility is resolved in favor of the officer, Sergeant Cordell. the court uh finds his him to be more credible. Now, while the court would have preferred in the era of dash cam and body cam to have actually had a recording of what uh the officer was viewing uh in light of the circumstances before the court, the court nevertheless resolves that issue of credibility in favor of law enforcement and the state and therefore finds that the stop of the vehicle was justified.

[00:58:10]Further, the court finds that there is no evidence in the record to support a finding that the stop was unreasonably extended to allow for the uh free air sniff uh by the drug dog. Third, the court finds at this time that the dog and its handler were qualified by training and experience to do this free air sniff of Warren's vehicle, which eventually led to the detection of drugs. Therefore, the court denies the defense motion to suppress evidence in this case. Uh, the case remains on this court's trial docket. I do want to review the dates that have been previously established. I think we're on the July jury trial docket for July 21st at 9:00.

[00:58:55]>> Yes, your honor.

[00:59:00]Manny, do we have a an updated pre-trial conference date uh close in proximity to that time?

[00:59:09]>> Yes, judge. On July 16th at 10:00 a.m.

[00:59:13]>> Very well. Pre-trial conference will be July 16, 10:00 a.m. by Zoom.

[00:59:20]>> Jury trial obviously for all stages will be in person.

[00:59:26]encouraged the parties to confer to see if there might be some way to dispose of this case short of trial.

[00:59:33]Obviously, I'm I'm sure in with diligence and in good faith each party will uh pursue that.

[00:59:41]All right, Miss Gillette, is there anything further from the state's perspective that the court needs to address at this time?

[00:59:50]>> I don't believe so since we have dates for Jurro.

[00:59:54]>> Uh Mr. Ambrose. Anything further at this juncture?

[00:59:58]>> Nothing for me. If I could have the breakout room for a couple minutes with Mr. Warren when we're completed, I'd appreciate it. If if you're if your calendaring for the day allows that, your honor, because I know we >> we can accommodate that, council. And uh >> Thank you, Judge.

[01:00:09]>> When when the court recesses, the rest of us will leave the meeting and then you can have your breakout session with your client.

[01:00:15]>> Thank you, Judge.

[01:00:16]>> The uh Kirk Warren case is currently in recess. We'll leave the meeting open to allow for an attorney client conference.

[01:00:24]Kirk rolled out the alley right onto the street, but Mike saw him failing to stop on his beat.

[01:00:36]The lights flickered on and they pulled the car near and Kilo the dog made the evidence clear.

[01:00:48]The motion to suppress was denied by the court.

[01:00:54]because of the facts in the legal report.

[01:01:00]So always break fully or your drive will be short.