State v. Lowrie

Defendant appeals a conviction of unlawful possession of amphetamines. The issue to be determined is whether the trial court properly denied defendant’s timely motion to suppress evidence upon the grounds that a search warrant was improperly executed by the police officers. The validity of the search warrant is not questioned. We conclude the trial court erred in not granting defendant’s motion.

At 7 p.m. on September 7, 1973, several plainclothes police officers, possessing a search warrant for amphetamines, came to defendant’s house. Four of the officers went to the rear door. One officer…