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Kansas Statutes Annotated

K.S.A. § 22-3603 (2026)

Interlocutory appeals by the state

✓ current as of May 2026
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22-3603. Interlocutory appeals by the state. When a judge of the district court, prior to the commencement of trial of a criminal action, makes an order quashing a warrant or a search warrant, suppressing evidence or suppressing a confession or admission an appeal may be taken by the prosecution from such order if notice of appeal is filed within 14 days after entry of the order. Further proceedings in the trial court shall be stayed pending determination of the appeal.

History: L. 1970, ch. 129, § 22-3603; L. 1971, ch. 118, § 1; L. 1975, ch. 178, § 23; L. 2010, ch. 135, § 27; July 1.

Notes of Decisions
Cited in 157 cases (26 in the last 5 years), 1972–2026 · leading case: State v. Newman, 680 P.2d 257 (Kan. 1984).
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State v. Newman, 680 P.2d 257 (Kan. 1984). · cites it 13× “The State filed this interlocutory appeal pursuant to K.S.A. 22-3603 which provides as follows: “22-3603.”
State v. Myers, 499 P.3d 1111 (Kan. 2021). · cites it 14× “K.S.A. 2020 Supp. 22-3603 permits the State to file an interlocutory appeal from a district court order suppressing or excluding evidence that substantially impairs the State's ability to prosecute its case.”
State v. Sales, 224 P.3d 546 (Kan. 2010). · cites it 10× “The defendanUappellee has raised the issue of the court’s jurisdiction to hear the interlocutory appeal under K.S.A. 22-3603. *131 Andrew Sales was tried and convicted of one count of aggravated criminal sodomy in violation of K.”
State v. Berreth, 273 P.3d 752 (Kan. 2012). · cites it 8× “22-3602(b) [question reserved] rather than K.S.A. 22-3603 [interlocutory appeal]." State v.”
State v. Kleypas, 147 P.3d 1058 (Kan. 2006). · cites it 9× “He contends that the plain language of K.S.A. 22-3603 does not allow an interlocutory appeal in this instance, as the statute speaks to orders issued “prior to tire commencement of trial of a criminal action,” while tire instant proceeding is technically a retrial of the penalty…”
State v. Griffin, 787 P.2d 701 (Kan. 1990). · cites it 8× “The State took an interlocutory appeal pursuant to K.S.A. 22-3603, claiming the judge’s suppression of the evidence *321 had substantially impaired its ability to proceed with the remainder of the case.”
State v. Grimes, 622 P.2d 143 (Kan. 1981). · cites it 8× “" K.S.A. 1980 Supp. 22-3603: "When a judge of the district court, prior to the commencement of trial of a criminal action, makes an order quashing a warrant or a search warrant, suppressing evidence or suppressing a confession or admission an appeal may be taken by the…”
State v. Legero, 91 P.3d 1216 (Kan. 2004). · cites it 4× “"(d) Appeals to a district judge may be taken by the prosecution from cases before a district magistrate judge as a matter of right in the cases enumerated in subsection (b) and from orders enumerated in K.S.A. 22-3603 and amendments thereto." K.”
State v. Galloway, 680 P.2d 268 (Kan. 1984). · cites it 10× “: This is an interlocutory appeal by the State pursuant to K.S.A. 22-3603 from an order of the district court suppressing and excluding evidence.”
State v. Clovis, 807 P.2d 127 (Kan. 1991). · cites it 7× “On July 20, 1989, the State filed a Notice of Appeal pursuant to K.S.A. 22-3603, appealing from “the order of the District Court of Saline County, Kansas, entered on July 11, 1989, sustaining defendant’s Motion to Produce and requiring plaintiff to disclose the address of the…”
State v. Lowery, 420 P.3d 456 (Kan. 2018). · cites it 2× “e was stolen, it was not a rental car, and Blake did not explain why a third-party vehicle that was recently purchased, registered, and insured, would raise criminal suspicion; (4) Lowery gave legitimate reasons why he was going to Colorado by explaining he had lived there for…”
State v. Mitchell, 179 P.3d 394 (Kan. 2008). · cites it 4× “Mitchell relies on K.S.A. 22-3603, which limits the State’s right to an interlocutory appeal, providing: “When a judge of the district court, prior to the commencement of trial of a criminal action, makes an order quashing a warrant or a search warrant, suppressing evidence or…”
Show all 157 citing cases →
— K.S.A. § 22-3603(b)(l) — 1 case
State v. Kleen, 896 P.2d 376 (Kan. 1995).
— K.S.A. § 22-3603(c) — 2 cases
State v. Muldrow (Kan. Ct. App. 2020).
State v. Magallanez (Kan. Ct. App. 2020).
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