State v. Mullen, 348 P.3d 619

Postal inspector flagged a mailed package as suspicious and a K-9 alerted; package addressed to an unreadable name at a Shawnee, Kansas residence.
Shawnee police obtained an anticipatory search warrant that required a controlled delivery of the package into the house before entry.
Inspector Lewis, in postal uniform, placed the package on the front porch after knocking and yelling “Post Office,” then left; surveillance officers watched.
An unknown man (Mullen) later opened the door, took the package inside; officers executed the anticipatory warrant and arrested Mullen.
Mullen admitted he knew the package contained marijuana and had agreed to retrieve it for a friend; search produced about 2 pounds of marijuana.
District court denied suppression; Mullen stipulated to a bench trial (written waiver present) but record was silent whether the court personally advised Mullen of jury-trial rights or obtained his oral waiver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause in warrant affidavit	Affidavit insufficient because mere receipt of a package (without knowledge) is not evidence of a crime	Affidavit supplied probable cause: suspicious origin, K-9 alert, likely delivery made; anticipatory warrant proper	Affidavit provided probable cause; issuing judge had substantial basis to approve warrant
Triggering event for anticipatory warrant	Controlled delivery requires hand-to-hand contact; leaving package on porch wasn’t a valid trigger	Controlled delivery satisfied when package entered house under police supervision	Taking the package inside while under surveillance satisfied the triggering condition; warrant execution lawful
Controlled delivery definition	Must be direct hand-to-hand transfer	Controlled delivery can be hand-to-hand or supervised drop-off under police control	Controlled delivery defined by law enforcement supervision and control, not necessarily hand-to-hand
Waiver of jury trial	Written stipulation insufficient because court did not personally advise or obtain Mullen’s oral waiver on record	Written stipulation and defense counsel’s discussion were adequate	Record silent on personal advisement/oral waiver; conviction reversed and case remanded for the court to advise and obtain personal waiver or proceed to jury trial

State v. Powell, 299 Kan. 690 (discusses probable-cause totality-of-circumstances standard)
State v. Hensley, 298 Kan. 422 (review standard for sufficiency of search-warrant affidavits)
United States v. Grubbs, 547 U.S. 90 (anticipatory-warrant and triggering-condition framework)
United States v. Hugoboom, 112 F.3d 1081 (controlled delivery can support probable cause)
United States v. Rowland, 145 F.3d 1194 (controlled delivery to designated place meets nexus requirement)
United States v. Leidner, 99 F.3d 1423 (controlled-delivery principles)
Illinois v. Andreas, 463 U.S. 765 (discussion of supervised controlled deliveries)
State v. Bierer, 49 Kan. App. 2d 403 (upholding drop-off supervised delivery where postal inspector left package on porch)
State v. Windes, 13 Kan. App. 2d 577 (describes hand-to-hand controlled delivery in prior case law)
State v. Duhon, 33 Kan. App. 2d 859 (describes hand-to-hand delivery fact pattern)
State v. Irving, 216 Kan. 588 (defendant must be advised of jury right and personally waive it in writing or on record)
State v. Beaman, 295 Kan. 853 (waiver of jury right strictly construed)
State v. Frye, 294 Kan. 364 (court’s duty to inform defendant of jury right)
State v. Johnson, 46 Kan. App. 2d 387 (remedy—reversal—where record silent on court’s advisement when waiver asserted)