State v. Berlin

Ringold, A.C.J.

The defendant, Leslie Wayne Berlin, was convicted by a jury of possession of marijuana. He appeals the judgment and sentence, arguing that the trial court erred by not suppressing evidence obtained with a warrant allegedly lacking probable cause. Berlin also argues that the police trespassed onto his property in violation of the Fourth Amendment to obtain evidence and violated the "knock and announce" rule when the police served the warrant.

On February 28, 1984, Detective Jerry Whetstine of the Snohomish County Sheriff's Office presented the following affidavit to obtain a…