State v. Tabasko

The first question to be determined in this appeal is appellant’s claim that the trial court erred in admitting in evidence at his trial the items seized during the search of the house. Appellant urges that the seizure was unlawful, because the search warrant was based upon an affidavit which was invalid because it lacked facts establishing probable cause and that the contemporaneous arrest of some of the occupants of the house did not validate the search and seizure.

At the outset, we note that appellant in this case was not charged with possession of narcotics himself but rather with…