State v. Kramer

ARNOLD, Judge.

The search warrant in this case was issued for a person, defendant, and for certain described premises. It is now uncon-tradicted that in fact it was not defendant who was described by the informant as participating in the drug transaction at these premises. Defendant argues that because this portion of the affidavit supporting the search warrant has been shown to be factually inaccurate, the entire warrant must fail.

The State contends that we may disregard the information in the affidavit which later proved to be erroneous, and that when we do, we will find that the remaining…