State v. Odum

VandeWalle, Chief Justice.

[¶1] The State appealed from an order suppressing evidence and dismissing all charges against Perry Wayne Odum. We conclude the district court erred in finding probable cause for the search warrant did not exist. We reverse.

I

[¶2] On May 9, 2018, drug task force officers searched the garbage can in front of Odum's residence based on an anonymous tip that Odum had been out of town and came back "with a quantity of marijuana." The garbage can was "located in a manner where it would be regularly retrieved by the garbage truck" on the residence's regularly scheduled…