this program was made possible by contributions to your PBS station from viewers like you thank you what we call the matter of Thomas styron case number 19 s472 Tiffany W's for the people assistant P founder do you leave on behalf Mr styron Mr styron could you unmute and say your name Thomas yber styren good morning your honor good morning Mr styron how are you good how are you I'm pretty good Mr styron's here for payment only and yes your honor Mr star would like to set up a $25 month payment plan on the 15th of the month beginning in March thank you all right sir I'll see you on May 15th of 2025 at 10 I've set you up with that $25 per month if you're making your payment uh of $25 a month you don't have to be here on May 10th if you're not making your payments you need to be here and explain why not okay thank you your honor you have a blessed day you too thank you [Music] sirh and welcome to facts or [Music] frauds this is in the district court of Ellis County Kansas case number 24 cr97 state of Kansas versus Caleb crane may I have an announcement of appearances please please the court the state appears through assistant Ellis County attorney Joshua Becker uh Caleb crane appears on zoom proos and you are Caleb crane cor okay your box says Jerome Kane R that's my middle name okay and following our hearing on January 3 we are scheduled today for a motion to suppress correct yes your honor your honor for the record can you please State the um title of that motion and the certified mail number for me what I just need to clarify I don't understand what you mean by uh certified mail number well I file all my motions through a certified mail number like I have one in front of me from a right here with a file stamp on it and I have a certified mail number that I file through the court with the tracking number 9589 0710 [Music] 5270 18681 99070 and I was just trying to make sure that you got the right motion you had filed a motion to dismiss in this matter back on um believe November 12th honor November 12th of 2024 yes I filed that motion and that motion was never heard by the court okay we had gone through the motion and you had identified this by what you put down as quote counts I you had count one regarding identity fraud count to dismissed due to illegal search and seizure and that's what we're hearing today and you had count three speeding infraction should be dismissed the prosecution failed to respond to the motion and the court never heard it though well they did respond to it in arguments on January 3rd as well I filed a if I may your honor I filed my response to his motion on December 6th of 2024 um we had sent that by mail and by email to Mr Crane or at least to the address and email we had on excuse me on file here in our office for Mr Crane can I get that motion read on the record just to clarify well I'm not going to read your entire 62-page motion onto the record Mr Crane the record is the record and and it is filed as of November 12th we dealt with what you called count one and what you called count three last time what you have as your second issue what you're call in count two is that the possession of the control substance should be dismissed due to an illegal search and seizure of the Contraband which the court inquired of you if you were file if you were actually filing a motion to suppress the evidence based on illegal seizure and you agreed that's what you were intending to do I'm not withdrawing any amount motions okay I'm not asking you to withdraw the motion I'm I'm not withdrawing any of my motions I was just letting you know I understand that but your count to you're alleging should be dismissed due to an illegal search and seizure which is a motion to suppress evidence no and that's what we're here to do is have the hearing on your motion to suppress that evidence and that's what I'm saying I never filed that motion every motion that I filed I have with a certified mailing number so I'm trying to see where are you getting that I supp a motion to suppress and count what you label is Count two of your motions document filed on November 12th 2024 page two you write count to possession of control substance should be dismissed due to an illegal search and seizure okay your motion to dismiss due to an illegal search and seizure is a motion to suppress the evidence based on an illegal search and seizure that's what we're here today for an evidentiary hearing on your motion to dismiss based on an illegal search and seizure okay that's what we're going forward on today but that's what I'm that's what I'm saying I never said that but could you speak to me in layment terms because I'm not understanding can you hear me it was breaking up your your mic is doing something odd it's yeah I thought it was just me hang on just a minute okay let me know if there are audio issues I've had some issues with this okay yes like I was saying could you speak to me in lame in terms because I'm not understanding well sir th those are as layman terms as it can be made you have the obligation when you represent yourself to know the rules and to follow the rules same as an attorney okay you fil you filed your document on November 12th 2024 what you're calling count two and you say and I quote on on page two at the bottom count two of possession of controlled substance should be dismissed due to the illegal search and seizure of the alleged Contraband so what you're asking the court to do is to dismiss the charge of the Contraband that was seized based on an illegal search and seizure so you have you have filed a motion challenging the search and seizure and that's what's that and I said and not to suppress evidence well that's what your motion is I never filed that motion well the mo the motion to dismiss is based on you're asking the court to suppress the evidence based on an illegal search and seizure that's what I'm saying your honor I don't understand how I'm asking the court to suppress evidence if I filed a motion to dismiss an objection well that's what the motion to dismiss is it's a motion to see it's a motion to suppress the evidence and if the state doesn't have evidence then it gets dismissed okay your honor all right are you ready ready to proceed on your motion did you get my other motion me responding to the state to declared to appeal unlawful yes okay is that motion going to be heard on the record today well we'll deal with that you filed it uh two days ago we'll deal with that after the suppression hearing that were scheduled to hear today honor if I may on on that motion it's it's filed untimely we've already determined the appeal at our prior hearing was unlawful um given the the nature of interlocutory appeals and the defendants right to an interlocutory appeal at the last hearing well again Council let's deal with the motion that we're here to hear the motion to suppress then we'll take up other issues okay so is the state ready to proceed on the motion to dismiss yes R go ahead State call Tri mord yes sir Tri mord will you raise your right hand you sol me swear Andor affirm that you will tell the truth and the whole truth and nothing but the truth subject to the penalties for perjury in the state of Kansas yes thank you Mr Crane you understand we're doing this hearing today by Zoom correct at your request correct and is it still your request to do this hearing by Zoom correct okay go ahead Mr Becker um could you state your name for the record please James McCord and who are you employed by Mr McCord the Kansas Highway Patrol working for the state on the highway P um what is your job title there I am a Kansas State Trooper okay and uh what rank or designation do you have I am a technical Trooper um what do you do in your uh position as a technical Trooper for the highway patrol my daily Duties are to enforce traffic laws of the state of Kansas and along with assigned to a domestic Highway enforcement team which goes after uh criminals traveling across our state using our roadways for illegal activities okay um what kind of training have you received um for your position at the highway patrol it started with a 20we academy in January of 2002 when I was first employed with iway Patrol then continuing minimum 40 hours every year um as part of your training have you been trained in the detection of Controlled Substances yes I have okay does that training include uh detecting the odor of marijuana yes okay what what does that training look like do they like sit in at a table in front of you and have you smell it what do they well we it was during my initial training with the highway patrol they introduced us to a lot of drugs uh they identify like marijuana cocaine methamphetamines they show us what it looks like along with getting to be around the item where you can't smell it in the raw and burnt uh condition I guess and so you're familiar with the smell of both raw and burnt marijuana yes um and and as part as your of your training have you been trained on legal standards like probable cause and reasonable suspicion yes I have okay what what kind of training have you received on those like legal standards it's been numerous trainings uh we just went through blue to Gold training on search and seizure of vehicles property and persons just recently okay um in your position as a technical Trooper for the highway patrol are you a certified law enforcement officer yes I am okay and have you been at all times since you've been employed a certified law enforcement officer yes I have okay um and does that include on June 20th 2024 yes um so let's talk about who you know um do you know Caleb crane I had a traffic stop with Mr Crane yes how did you identify Mr Crane at that traffic stop with a driver's license and would you recognize him if you saw him yes I would okay is Caleb crane on Zoom here today who who Zoom box says Jerome crane is that the same person who stopped on June 20th 24 yes um okay what was the reason for that stop I stopped him for 80 miles an hour in a 60 M hour construction zone long I 70 at M marker 157 here in Ellis County and what what mile marker was that do you remember 157 uh what kind of car was it it was a black passenger car um when you initiated that stop what was your next step I made contact and then at the window I could smell the odor of marijuana coming from the vehicle um was that raw or C marijuana raw marijuana okay um prior to prior to that let's back up a little bit as you were approaching Did You observe anything inside the car yes I did the passenger was digging around in the vehicle okay is that unusual yes okay what did that indicate to you possible trying to use cover scent to hide or hide narcotics in the vehicle or any illegal items that they didn't want me to see um when you say cover the scent um what what did you see that indicated that they were trying to cover descend it appeared in my perspective that the passenger was spraying like an air freshener in the vehicle okay how strong you you had mentioned that you smelled the odor of raw marijuana how strong was the odor it's it's an odor that you can it's very distinctive I can't quantify it's just the odor of marijuana okay was it would you say it was a strong odor or something less than that weak what it would be a strong odor okay so going forward to when you interact with Mr Crane um what did you do once you started to interact with them I asked for is driver's license proof of insurance and registration paperwork and at that point they advised the car was a rental okay and so did they provide you with the the driver's license and registration yes they did the driver and the passenger both identified themselves with the driver's license okay and the passenger advised his brother rented the car and they did not have the rental agreement okay um where was the registration in the glove box okay when they opened the glove box Did You observe anything yes I did what was that I observed a Mar Medical Marijuana package okay um what did you believe what if anything did that mean to you that there was a medical dispensary medical marijuana dispensery bag in the vehicle that there would be marijuana in the vehicle okay um so going forward from there once you've obtained their driver's license and registration what did you do after that I returned to my patrol car then I had our Kansas Highway Patrol dispatch run both driver licenses along with criminal history then I radioed for my partner to return as he just drove by westbound come to my location why did you call him back to your location because I had probable cause to do a search of the vehicle and there were two subjects in the car um what what factors at the scene kind of played into your probable cause determination that there was marijuana in the vehicle the odor of marijuana than Santa dispensary package in the glove box and at any point did you see um the car driven by Caleb crane moving yes when it passed me in a stationary position okay how long before you conducted the search did you see it moving yeah approximately four or five minutes that would be a guess okay I wouldn't know the exact time sure um at the time you searched did you have any reason to believe the car could be immobile that the car could be mobile that the car was in immobile that it couldn't move well the car was still running at the time when I got him out of the vehicle okay your honor I don't think I have any more questions thank you Mr mcord tro mord Mr Crane do you have any questions of Trooper McCord um I'm it was really just like weird to me though but because he said we it was hang on I let him finish and I can determine whether he's asking a question or not Mr Becker it was just weird because he said air freshener then there a strong order of weed it was just like which one was it okay Mr Crane if you have questions of the officer ask the questions did you smell air freshener or did did you smell marijuana or trer mccort I smelled both ask that's my only question based on that question Mr Becker do you have any redirect no your honor okay do you have any additional Witnesses Mr Becker no you're honor Mr Crane do you have witnesses you'd like to put forth or evidence you'd like to put forth um I wouldn't say evidence but once again one more question I'm sorry about that Trooper mord so if you seen a medical marijuana bag in the glove Department how do you smell marijuana through the bag because the car had marijuana in the vehicle marijuana is a very strong distinct odor okay continue down so do you have any Witness you want to put forth Mr okay argument Mr Becker um yes your honor um from the testimony today we've heard Mr Trooper McCord um is a trained and certified law enforcement officer who's been trained in the in detecting Controlled Substances um including by their odor he can detect the odor of raw marijuana you can detect the other of burnt marijuana at the time of the stop he was a certified law enforcement officer um um and when he made the stop he approached the vehicle smelled marijuana and there is no indication that the odor that um the vehicle was anything but mobile um he saw it moving just minutes prior to the incident the um the the two points of law are really especially relevant here um first under State B Goff that I cited in my response to the defendant's motion the odor of for all marijuana alone is sufficient to provide problem cause and reasonable suspicion for the surge um and the state is not required to show anything more than a uh the mobility of the vehicle to establish exident circumstances this is a valid um search under the probable cause plus exident circumstances exception to the warrant requirement commonly called the automobile exception to the warrant requirement also I I believe it suffices for Plain View he saw the medical marijuana bag he he um smelled the odor of marijuana he had lawful access because of the automobile exception of the warrant requirement to go in and seize those objects um and the smell of marijuana is immediately incriminating therefore I believe the two exceptions to the warrant requirement are satisfied um this is ultimately a law search and I don't really know that there's any other conclusion based on the testimony Mr Right your argu um well yeah once again like he also said he seen me going 80 and the 60 but couldn't provide you with a speedometer so it's like we really just sitting here um and it's just confusing me like how he's sitting here saying it's air freshener and it's marijuana it's just too much back and forth confusion if you ask me that's not professional him saying he's smelling air freshener then he's observing weed and smelling marijuana any additional argument Mr Craig no okay testimony from Trooper mord is that he was a certified law enforcement officer on June 20th of 24 he stopped a vehicle for speeding 80 in a 60 M perh Construction Zone in mile 157 of I70 which is on the west edge of Hayes in Ellis County Kansas when he approached the vehicle he smelled the odor of raw marijuana and air freshener the smell of the raw marijuana from the vehicle gives the officer probable cause that there is marijuana in the vehicle which is illegal he had observed the car moving obviously when it was going 60 80 mph and a 60 mph construction zone so you have a movable vehicle the smell of marijuana gives you probable cause to search the vehicle because it's a vehicle the vehicle exception to the warrant requirement picks in and the officer is allowed to search the vehicle as he asked the occupant for registration the occupant opened up the glove box he observed packaging from a dispensary which also gives him additional probable cause of marijuana being in the vehicle that would be under the Plain View exception so for both reasons the officer had the constitutional right to search the vehicle he searched the vehicle and your motion to dismiss the possession of controlled substance due to an illegal search is denied now Mr Becker the defendant has filed a document titled defendants response to State's motion to declare appeal unlawful are you wanting to that was just filed on January 21st two days ago are you wanting to deal with those issues today or set an additional hearing your honor I think I would be prepared I also filed a motion I'm not sure if it's gone or response to his response so I guess popularly I should have called it a reply um but I filed that this afternoon I'm not sure went through to you yet that has not made its way into the court file yet okay the transcripts that I paid for I still haven't received those as well yet honor while we're taking this up uh can Mr McCord be excused I don't believe his testimony is needed anymore yes rer mcord is excused thank you your honor thank you TR and Mr Crane you had requested some transcripts from the court reporter um you had paid for the transcript from December 9th 2024 okay that was supposed to be for our court date before January 3rd I believe and that was emailed to you on January 2nd 2025 I wouldn't say I had that in the email because I didn't have that for my court my my court date then on January 9th you requested a transcript from the January 3rd hearing correct and still haven't received those okay I wasn't sent the link to pay for those transcripts or anything you have not paid for the transcript for January 3D yet I know she haven't uh I want to say her name's Lyle if I'm not mistaken her last shock she uh sent you the Paypal invoice both on January 13th and on January 21st and you have not paid for the transcript I haven't received those what does it say what email she sent it to no yeah I haven't received those and I have um that you'll have to take up with the no problem with the court reporter okay Mr Becker and in looking at the defendants document he he's titled defendants response to States motion to declare appeal unlawful yes Roman I think he is referring back to the issues we dealt with on January 3 large part yes your honor I believe that there are also um some claims of procedural error which I address in my reply brief um reply to his response I believe the claims of procedural or error are that um the state did not respond to his motion to dismiss an objection um and that the court has held him to a motion to supress that he's never filed or as I understand those are his additional claims of procedural error Mr Crane yes sir would you like to make argument on your motion um well arguments in my motion as well but three failure of prosecution to follow proper procedure and due process due process violation of constitutional due process the prosecution well y had just declined my motion but I had in my motion failures to respond to the defendant's motion to dismiss up an objection violates the principle of fundamental fairness guaranteed by the Kansas con Constitution Bill of Rights section 10 and the 14th Amendment to us con Constitution do Asser his rights during the pre preliminary hearing regarding to my motion to suppress I had never filed that the failure to address well once again y I just address my motion to dismiss it further underscores the need for addressing the defendant's legal rights claims okay you filed a motion challenging the probable cause hearing the court reviewed the transcript of preliminary hearing Court found there was probable cause for count one under the standard of probable cause was the crime committed and probable cause the defendant committed the crime Court found that the preliminary hearing testimony of the officer was sufficient to establish probable cause of identity fraud as contained in count one of the complaint that is the level eight non-person felony the misdemeanor in count two is not addressed at preliminary hearing because it's a misdemeanor and the probable cause preliminary hearing that is a uh statute that was created by the Kansas legislature probable cause hearings are not constitutional in nature they are uh created legislative acts Kansas legislature created the act of a probable cause hearing called a preliminary hearing to deal with felony offenses the state provided sufficient evidence to bind you over on count one the felony count two possession of marijuana is not addressed because misdemeanors are not addressed at prelim misdemeanors go straight to trial there is no need for a probable cause hearing on misdemeanors so the Court ruled against your motion to dismiss for lack of pro able cause on the felony offense you then have argued that the state could not add count three the speeding infraction the state can add charges for whatever the evidence supports and when it's a misdemeanor or an infraction the state can add that without there being a probable cause hearing and the state added count three speeding a traffic infraction after the fact it can be charged up to uh the jury coming back and concluding the case as long as it doesn't charge additional charges that you were not put notice on you've been put notice on for the speed in offense offense well in front of a jury trial so yes the state can add additional charges after the initial charging document thank State asked for and received permission to add count three at the preliminary hearing so that motion was overruled you have asked to for the search of the vehicle to be declared El legal we've just had the suppression hearing the court has denied your suppression hearing so that has been denied by the court you're wanting to appeal the over at preliminary hearing and you're wanting to appeal quote the probable cause of the officer those are not appropriate interlocutory appeals under Kansas procedural law you you need to proceed to trial on the case and then you can challenge those issues on appeal but not till you have proceeded to trial they're not subject to an interlocutory appeal it say right here interlocutory appeal recognized for substantial rights Kansas law allows for interloc interlocutory appeals where substantial rights are at stake as indicated State versus Johnson 293 Kansas 543 and is indicated in the statute but the statute authorizes who can file an interlocutory appeal and the defendant does not have the right to use interlocutory appeal to challenge probable cause at preliminary hearing or a denial of suppression of evidence the correct procedure is for you to then proceed to trial my constitutional right if you are convicted then you can appeal those issues but you cannot appeal them prior to trial interesting okay now in your response that is what you've got down is number two legal framework for appeal number three states failure to follow procedure H so that's not going against my constitutional right though what's that I said me not being able to interlock the interlocutory appeal again is a statutory creation and the legislature set forth the interlocutory appeal the defendant does not have the right to an interlocutory appeal on a bind over preliminary hearing or a denial of suppression of evidence okay okay um issue two or issue 31 is your due process which we've talked about 32 is safeguards under 22 3208 with electronic communication which we're having your Zoom hearing at your agreement to do that free lack of accountability um again you can challenge all these charges at a trial number four basis for motion to dismiss and current appeal count one again you're talking about the identity fraud the court has found probable cause for that to proceed to trial number two you're trying to challenge the hearing we just had on the suppression hearing and that's denied count three the speeding the officer does not need to issue a notice to appear at the time he can Prof he can proceed with what's called a long form charging document rather than a notice to appear a he added the charge at preliminary hearing and then filed it as count three which is what's referred to as long forming it so you do not receive a notice to appear after they have filed an information or a complaint they must amend their information or their complaint which the state has done so regarding your speeding infraction charge that is denied uh issue number five procedural irregularity again you're referring to the fact that you did not call your document a motion to suppress what you called your document was a motion to dismiss based on the officer seizing evidence illegally that is a motion to suppress uh which the court has just heard and ruled on wanting to postpone your arraignment to proceed with the interlocutory appeals which you're not entitled to so that request is denied are we ready for arraignment say Mr Crane you've got a copy of the amended complaint I want to say did they just my mother's GNA grab it from me real quick but I'm not ready for arraignment you're honor could I moving forward could I get all my emotions F under certified mail so it won't be any confusion well you've already filed your motions and they're in the court file yeah I got my arment right here in front of me what's said I said I had the the journal entry of motion hearing in arment right here in front that was electronically F on January 3D yeah that's a bind over for arraignment did you break down the word arraignment for me an arraignment is when the Court addresses what you're charged with and you you actually enter your plea it's a procedural step that begins the speedy trial process can you see the amended complaint that was filed on October 3rd kind to see where it says October 3rd it says the 3D of January third of October I'm sharing my screen can you see the document hold on second no I don't have this your honor I don't know why I don't have this okay it was filed that same day as your preliminary hearing yeah I don't have can you see it on the screen yes okay in the amended [Music] information it charges count one that honor about June 20th 2024 in Ellis County Kansas Caleb Jerome crane did unlawfully and feloniously alter amend counterfeit make manufacture or otherwise replicate any document containing personal identifying information with the intent to deceive that is identity fraud a severity level 8 nonperson felony in violation of KSA which is Kansas statutes annotated 21- 6107 subb sub2 and subc sub2 with an antici ipated criminal history score of I if convicted of count one a level eight non-person felony you are subject to a minimum of seven months with no criminal history to a maximum of 23 months if you have three or more person felonies in your background it is presumptive probation if you have less than two person felonies in your background it is presumptive prison if you have two or more person felonies and a level eight is also subject to up a fine of up to $100,000 do you understand the potential punishment yes okay question about that though uh Trooper mcord said I presented my driver's license [Music] so I'm kind of confused on the count one but it doesn't have to do with the driver's license it has to do with the other documents found in the car okay no problem okay so how do you plead to count one you can plead guilty you can plead not guilty or you can um stand mute in which case the court will enter a not- guilty plea for you so how do you plead to count one that you're standing mute so the court will enter a not guilty plea on your behalf as to count to you are charged that onor about June 20th 2020 24 in Ellis County Kansas that Caleb Jerome crane did unlawfully and knowingly possess a quantity of marijuana a schedule one controlled substance is designated in KSA 65- 4105 subd sub 17 and amendments there too and slor its active ingredient tetrahydrocannabinol a schedule one controlled substance as de designated in KSA 65- 4105 subh sub1 and amendments there too charges unlawful possession of marijuana a Class B nonperson misdemeanor in violation of KSA 21-5706 subb sub3 and subc sub3 sub capital A a class P misdemeanor can result in a county jail sentence up to 6 months and a fine up to $1,500 do you understand what you're charged with how do you plead to count two I plead guilty you're pleading guilty to count too I plead guilty okay count three that honor about June 20th 2024 in Ellis County Kansas Caleb Jerome crane did unlawfully drive a vehicle at a speed to its 80 miles per hour in excess of the maximum lawful speed to its 60 miles per hour in a construction zone that charges speeding that is a traffic infraction in violation of KSA 8-1 1558 it is subject to a fine and because it's in a construction zone the fine is doubled in Kansas and what would that fine be Mr Becker are you aware of the fine it would be 20 can be in just one moment your honor uh it would be a $210 fine 420 is that before or after you that is after it doubles okay so it's $105 and it doubles to 210 yes okay so in count three you're subject to a fine up to $210 okay I'm gonna please mute stand mute yep okay the court will enter a not guilty on your behalf on count three so as to count one and count three are you request resting a jury trial or a bench trial can you break that down for me I don't understand a jury trial means we would bring in 12 citizens who would be who would qualify as a jury and the jury would decide whether you're guilty or not guilty of count one and count three and the other one is or you can try it to the bench meaning you come in and you and Mr Becker present your case to a judge rather than to a jury for a judge to decide factually if you're guilty or not guilty versus a jury deciding factually whether you're guilty or not guilty we wouldn't be able to um do this on Zoom no this will need to be done live whether it's a jury trial or an in-person trial will need to do that live jury you'd like a jury trial okay how long do you anticipate needing for that jury trial Mr Becker a day I think would be sufficient I need more time than that how much time do you think you need Mr Crane uh six months no I'm we're talking about how long of a trial we're going to have not when the trial is yet but how long of a trial Mr Becker is indicating we can do the jury trial in one day in which we pick the jury make argument opening statements present the evidence make closing statements and have the jury deliberate I say two days you think it's going to take two days okay we'll set two days just as a precaution anything further for the record today Mr Becker no you're on anything for the record today Mr Craig no y okay we will see you then on May 12th 9 o'clock our time by Zoom you can't fix stupid and thanks for joining us on Faction frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our facts or frauds channel [Music] members and if you're still hanging out thank you I appreciate you all make sure you hit the thumbs up button subscribe and ring that Bell also leave a comment in the comment section tell me what you think till next time I'll see you soon [Music]