State v. Maxwell

(dissenting) — I respectfully dissent. The trial court was correct in determining the underlying facts were not sufficient to justify issuance of the search warrant. Its order of suppression should be affirmed.

I disagree with the majority opinion because it effectively renders void an important legislative enactment, ignores the paucity of evidence supporting probable cause, and suggests a marijuana grow operation profile that would permit searches of unoccupied buildings throughout the state.

The majority states RCW 42.17.314 does not apply because it concludes an application for a search…