State v. Arnold

After trial to the court without a jury the defendant was found guilty of possession of a controlled substance and sentenced to 2 years’ probation, with 30 days to be served in jail as a condition of probation. The defendant has appealed.

The sole assignment of error on appeal is that the District Court erred in denying the defendant’s motion to suppress evidence obtained from the execution of a search warrant. The contention is that the affidavit for the search warrant was insufficient.

On January 26, 1982, an affidavit and application for the issuance of the search warrant involved here were…