Nichols v. the State

Ray, Judge.

Timothy Olan Nichols was charged by indictment with one count of possession of methamphetamine. He filed a motion to suppress the evidence seized during the execution of a search warrant for a residence, arguing that the affidavit and application for the search warrant contained insufficient facts to support a finding of probable cause for the search. The trial court denied the motion to suppress, and Nichols filed this interlocutory appeal. For the reasons that follow, we reverse.

On appellate review of a trial court’s decision on a motion to suppress evidence, we accept the trial…