State v. Lewis

BURNETT, Judge.

In this case we review an order suppressing evidence seized during the nighttime search of a residence. The question presented is whether an affidavit supporting the application for a search warrant contained sufficient justification for the nighttime search. The district court concluded that it did not. The state has brought this interlocutory appeal. We affirm the order.

Part I of our opinion identifies the standards, constitutional and statutory, governing nighttime search warrants. Part II applies these standards to the warrant in the present case, concluding that the…