TOPEKA, Kan. — A Rice County drug case is making news after the Kansas Supreme Court reversed the decision of the Kansas Court of Appeals in a motion to suppress.

Allen Julian is charged with attempting to manufacture methamphetamine, possession of ephedrine or pseudoephedrine, possession of drug paraphernalia, possession of marijuana and possession of a firearm.

Julian was stopped by a Rice County Sheriff Deputy on January 17, 2010, for having a defective headlight. The deputy had prior reports that Julian was involved in the manufacture of methamphetamine, but prior to the stop had no grounds to believe that his car contained anything illegal.

As the deputy approached the vehicle, he alleges that he saw Julian raise of blanket and appeared to be shoving items underneath. He removed Julian from the vehicle and placed him under arrest when he could not show proof of insurance. He then did a pat down of Julian and found a loaded firearm in his jacket pocket and a metal tin containing marijuana, two knives, rolling papers and lighters in his pants pocket. He was then placed under arrest for additional charges of carrying a concealed weapon, possession of marijuana and possession of drug paraphernalia. He was placed in the deputies patrol car and he then went back and searched the vehicle for more marijuana and item used to manufacture methamphetamine. He says he found a bowling bag that contained items consistent with the manufacture of methamphetamine.

The state charged Julian with the five felonies as well as the traffic charges. Julian filed a motion to suppress with the idea that this was a warrantless search and a violation of his fourth amendment rights. Rice County District Judge Ron Svaty granted the defense request. The state then filed what is called in interlocutory appeal and the Kansas Court of Appeals reversed the district court judge. Julian’s attorneys then asked for a review by the Kansas Supreme Court which was granted and they reversed the appeals court decision suppressing the evidence seized from Juilan’s vehicle.