State v. Anspach

The issue in this case is whether the search warrant affidavit contains information that supports the issuing magistrate’s determination that probable cause exists to search the buildings on the property where the growing marijuana was observed. The issue is not whether the affidavit states facts which prove that the defendants possessed the growing marijuana. The majority’s rejection of this search warrant and its analysis of what facts are necessary seems to address the latter issue. I conclude that the affidavit and the warrant are sufficient and therefore dissent.

In analyzing the…