State v. Luck

Weltner, Justice.

Certiorari was granted to determine whether the “totality of the circumstances” analysis of Illinois v. Gates,-U. S.-(103 SC 2317, 76 LE2d 527) (1983), should be employed in resolving the question of whether information furnished in an affidavit submitted in support of a request for a search warrant is “stale.”

The trial court overruled the motion to suppress, concluding that the clear implication of the factual recitations of the affidavit was that the informants’ last drug purchase at the identified premises was quite recent. The Court of Appeals reversed, holding that such…