State v. Eller

VAUGHN, Judge.

Defendant contends that the court erred in allowing the State to introduce as evidence the material seized pursuant to the search of defendant’s home on 22 April 1977. He alleges that the facts presented to the magistrate were not sufficient as a matter of law to support a finding of probable cause for the issuance of the search warrant. To be sufficient, an application must set forth facts and circumstances from which the magistrate can judge the validity of the informant’s conclusion that the evidence sought is at the indicated place and facts and circumstances from which the…