State v. Burns

OPINION

KLEINSCHMIDT, Judge.

This is an appeal by the state from the trial court’s order granting a motion to suppress evidence seized from the defendant’s bedroom during the search of a home. We hold that the trial court erred in granting the motion to suppress.

FACTS

The case arose as follows. An officer of the Bureau of Indian Affairs, working with state and local police, sought a search warrant by telephone from a United States Magistrate in Phoenix for the search of a residence located on the Yavapai Indian Reservation near Prescott, Arizona. The warrant was based upon information received…