State v. Austin

Sanders, Chief Judge:

Defendant Steven Columbus Austin appeals his conviction for possession with intent to distribute marijuana. He argues that the trial judge erred in admitting certain evidence seized by the police as the result of a search. We remand.

I

THE ISSUES

The evidence in question, a quantity of marijuana, was seized following the issuance of a search warrant. Mr. Austin’s single exception presents the issues of whether the warrant was defective in violation of the Federal and State Constitutions. The trial judge ruled that the warrant was, indeed, defective, but that the evidence…