TOPEKA, Kan. (AP) — A divided Kansas Supreme Court has ruled that police can rely exclusively on their sense of smell to provide probable cause for a preliminary search of a home for marijuana without a warrant.

The 4-3 ruling extends to residences already established practice in Kansas that allows police to search vehicles for marijuana based only on smells.

The ruling issued Friday came in a case in which Lawrence police entered a man’s apartment without a warrant because they said they detected a strong smell of raw marijuana.

The justices rejected arguments by Lawrence Hubbard’s attorney that sought to suppress evidence of drugs because the initial warrantless search by Lawrence Police Officer Kimberly Nicholson and another officer violated his constitutional rights. The lawyer also argued Nicholson’s testimony that she smelled raw marijuana coming from the apartment was inadmissible expert testimony and questioned whether the officer could detect the smell of raw marijuana inside the apartment while standing outside the front door.

The majority opinion written by Justice Dan Biles that upheld Hubbard’s convictions said officers didn’t have to perform a sophisticated sensory task before performing the warrantless search.

“We are not dealing with sommeliers trying to identify a white wine as a Loire Valley Chenin Blanc,” he wrote in the decision.

The officers entered Hubbard’s apartment in November 2013. After later obtaining a search warrant, they found 25 grams of unsmoked marijuana in a closed Tupperware container locked inside a safe in a bedroom closet. A small amount of weed was detected on a partially burnt cigarillo in the living room.

The closet holding the marijuana was an estimated 30 feet from where Nicholson said she first smelled unsmoked marijuana, said Jim Rumsey, Hubbard’s attorney.

“From 30 feet away we’re supposed to believe she can smell raw marijuana?” Rumsey said. “I’d suggest no reasonable person could do that.”

Kate Butler, an assistant district attorney in Douglas County who argued the state’s case before the Supreme Court, said the officers properly established probable cause and the initial security sweep prevented someone inside apartment from destroying possible evidence of a crime.

“What we do have is two officers very familiar with the smell of marijuana testify using words such as ‘overwhelming, potent and very strong,’ ” Butler said.

A dissenting opinion authored by Justice Carol Beier said Hubbard’s convictions should be reversed and his sentence vacated.

Beier said a lower court ruling failed to demonstrate the lawfulness of the search warrant and determine whether police officers should have been qualified as expert witnesses.

EUREKA, Kan. (AP) — Authorities have arrested the grandmother of a 17-year-old Oklahoma boy with special needs who was found alone near a southeast Kansas rest stop.

Rogers County, Oklahoma, authorities say 68-year-old Janie Gill was arrested in that county and booked into jail Monday on one count of child neglect. More charges are pending.

A custodian found the boy Nov. 29 at a rest stop near Beaumont in Kansas. He had no identification and couldn’t speak.

The Greenwood County, Kansas, sheriff’s office later learned his identity and that he was from Oklahoma. He remains in protective custody.

Greenwood County has put a hold on Gill, pending the serving of an arrest warrant on suspicion of aggravated child endangerment and interference with law enforcement.

The juvenile’s name has not been released.

BOURBON COUNTY — One person was injured in an accident just before 5a.m. Tuesday in Bourbon County.

The Kansas Highway Patrol reported a pedestrian identified as Dale Bernard Campbell, 62, Kansas City, was in the left lane of northbound U.S. 69 just north of 12^th Street trying to wave down a vehicle.

A northbound 2017 Nissan Sentra driven by Rita R. Doherty, 56, Fort Scott, was in the left lane. The driver deviated to the right in attempt to miss the pedestrian.

However, the driver side front corner of the Nissan struck Campbell.  The driver then pulled to the right shoulder and stopped. Campbell was transported to KU Medical Center.

Doherty and a passenger in the Nissan were not injured.

FINNEY COUNTY — Law enforcement authorities are investigating a suspect for attempted-murder.

Just after 8p.m. Monday, police were dispatched to the area of 2300 Lee Avenue in Garden City in reference to a civil matter involving a domestic situation between the reporting party, involving her three small children, and the father of the children, according to Sgt. Lana Urteaga.

ST. LOUIS (AP) — Singer-songwriter Jason Mraz has serenaded a Kansas high school senior who is hospitalized in St. Louis while awaiting a second double-lung transplant.

The Grammy Award winner stopped by the bedside of 18-year-old Madison Taliaferro, of Holton, on Sunday while he was in Missouri for a concert.  Mraz performed his hit songs “I’m Yours” and “Have It All.”

Taliaferro’s mother, Desiree Taliaferro, shared videos on Facebook. She wrote in a post that nurses schemed to get Mraz to sing to her daughter because they “know she loves musicals and just overly enjoys singing.”

Madison Taliaferro was born with cystic fibrosis and received a pair of lungs six years ago. The operation went well, but then her lung function fell suddenly from 48 percent to 22.5 percent.

NEW YORK (AP) — A survey says Americans today are more likely to get news from social media websites than newspapers.

The Pew Research Center said Monday that 20 percent of Americans cited social media as a frequent news source, compared to 16 percent that credited newspapers. It’s the first time since Pew has found sites like Facebook and Twitter outpacing newspapers.

Pew has been asking about news consumption, with a slight change in wording, since 1991. That year, 56 percent of Americans said newspapers when asked where they had gotten their news yesterday.

The survey also found that 81 percent of people aged 65 and over often get news from television, compared to only 16 percent of people aged 18 to 29.

Click HERE for the entire study.

TOPEKA, Kan. (AP) — The remains of a 19-year-old Kansas man who was killed during the Japanese attack of Pearl Harbor have been identified.

Camillus O’Grady was killed on the battleship USS Oklahoma on Dec. 7, 1941. The Defense Department announced Monday that it had accounted for him, although the identification was made two years ago, using DNA and a dental analysis. The Navy seaman was from the Washington County town of Greenleaf.

The Department of Defense in 2015 ordered the disinterment of unknown victims from the Oklahoma, and began exhuming those remains for analysis. That resulted in the identification of O’Grady.

KANSAS CITY, KAN– A man who peddled marijuana and guns on the street in Wyandotte County Kansas was sentenced Monday to five years in federal prison, according to U.S. Attorney Stephen McAllister.

Antonio Rodriguez Robertson, Jr., 21, Raytown, Mo., pleaded guilty to one count of possession of a firearm in furtherance of drug trafficking. In his plea, he admitted he sold marijuana and guns to investigators working undercover, including a 9 mm Glock Model 17 pistol for $450, a 9 mm Glock Model 19 pistol for $625, a Taurus 9 mm pistol for $450, a .40 caliber Glock pistol for $700, an AR rifle DPMS Model 15 rifle for $1,100. Robertson admitted he regularly smoked marijuana.

                                                     

MITCHELL COUNTY – Keith Shamburg, a Beloit man reported missing Monday, was located safely in Nebraska. The Silver Alert has been canceled.

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MITCHELL COUNTY – The Mitchell County Sheriff’s Office requested the KBI issue a statewide Silver Alert for Harold “Keith” Shamburg, 83, Beloit.

Shamburg has not been seen since he left his home around 7 p.m. on Dec. 10. He was driving a red 2015 Lincoln MKX with personalized tag “LILBRD.”

Shamburg is described as 5-foot-10 inches tall, weighs approximately 175 pounds and has grey hair, and brown eyes. Shamburg suffers from dementia and may be confused or disoriented.

If anyone has had recent contact with Shamburg, or sees him or his vehicle, please contact the Mitchell County Sheriff’s Office at (785) 738-3523.

 

TOPEKA, Kan. (AP) — A lawsuit alleges that a suburban Kansas City Republican is ineligible to serve in the Kansas House because of residency issues.

The lawsuit challenging Adam Thomas’ ability to assume his Kansas House seat was filed Monday on behalf of residents of his district in the Spring Hill and Olathe area.

He has been charged with election perjury stemming from allegations that he gave a false address when he filed paperwork declaring his candidacy.

Kansas City attorney Mark Johnson, who filed the suit, says a judge will gather evidence and send it to the speaker of the House of Representatives. The full House will ultimately decide whether Thomas is allowed to be seated.

Thomas didn’t respond to a request for comment.

SHAWNEE COUNTY — One person died in an accident just before 4p.m. Monday in Topeka.

The Shawnee County Sheriff’s Department reported a 1999 Ford Taurus driven by Narciso Luna, 83, Topeka, was westbound on SE 45th street at SE Adams. The driver attempted to turned south onto SE Adams in front of an eastbound 2001 Nissan Sentra driven by Michael Bishop-Verschelden, 19, Topeka.

The Sentra struck the front passenger door of the Taurus. Both vehicles were immediately disabled.

Luna and a passenger in the Ford Kirk Slater, 58, Topeka, were transported to a local hospital where Slater died. Bishop-Verschelden refused medical treatment on scene.

All three occupants of the vehicles were properly restrained and there were no signs of impairment by either driver, according to the sheriff’s department.

The Shawnee County Sheriff’s Office continues to investigate this collision.

WASHINGTON, D.C. – Agriculture Committee Chairmen Sen. Pat Roberts, R-Kan., and Rep. K. Michael Conaway, R-Texas on Monday released the text of the bipartisan, bicameral 2018 Farm Bill conference report.

Click here to read the text of the report.

 

#FarmBill NEWS: The bipartisan, bicameral 2018 Farm Bill conference report is live! https://t.co/pePFpmyutZ pic.twitter.com/0j4pVE1wNI

— Sen. Ag Republicans (@SenateAgGOP) December 11, 2018

“The 2018 Farm Bill is our opportunity to make the American food and agriculture systems work more efficiently. I’m pleased to say we have done just that in this conference report,” said Chairman Roberts. “We started this journey nearly two years ago. Since then, the Senate Agriculture Committee has held dozens of hearings, listened to more than 90 witnesses, and received thousands of public comments. As promised, this farm bill provides much needed certainty and predictability for all producers – of all crops – across all regions across the country. I thank my counterparts in the Senate and House for coming to – and staying at – the table to reach a bipartisan, bicameral agreement for rural America.” 

“America’s farmers and ranchers are weathering the fifth year of severe recession, so passing a farm bill this week that strengthens the farm safety net is vitally important,” said Chairman Conaway. “I am grateful to the President, Secretary Perdue and my leadership for standing fast for the hard-working farm and ranch families that clothe and feed us. I also appreciate the members of the conference committee for bringing this process one step closer to completion.”

“By working across the aisle, we overcame many differences to deliver a strong, bipartisan farm bill for our farmers, families, and rural communities,” said Ranking Member Stabenow. “The 2018 Farm Bill is a good bill for our farmers and everyone who eats. Working together, we continued to expand the diversity of our agricultural economy, maintained a strong food and farm safety net, created new opportunities in our small towns and rural communities, and made significant investments in land and water conservation. Now is not the time to rest on our laurels – it’s time to get the bill across the finish line as soon as possible. I urge my colleagues to support this bill.”

“This bill is a strong start to addressing the issues our producers are facing right now, particularly our dairy farmers,” said Ranking Member Peterson. “The bill’s new provisions will offer more flexible coverage for lower cost when dairy farmers need it most, and provide producers more tools to manage their risk. It also invests $300 million in the prevention and response for animal pests and disease. More broadly, the bill invests in research, outreach to beginning & underserved producers, local and organic food production, bioenergy, and access to new markets. It also addresses broadband, farm stress and mental health issues, and the opioid epidemic in rural areas. It’s the product of strong bipartisan work in both the House and the Senate, and it’s something I’m proud to encourage folks to vote for.”

The Farm Bill Conference Committee held a public hearing on Sept. 5. Agriculture Committee leaders announced a deal on Nov. 29.

The conference report was signed by the Senate and House Farm Bill conferees and will be considered with a vote in