State v. Greenleaf

STEVENS, Judge.

The issue before us is the validity of a search warrant.

A search warrant was issued by a Justice of the Peace. The warrant specified certain stereos and tapes. It named Greenleaf, the appellant herein, and Wilson. The search for the items specified in the search warrant was not successful. After the officers entered the premises of the defendants under the authority of the search warrant, they found marijuana in plain sight. They seized the marijuana. Greenleaf and Wilson were both charged with the offense of illegal possession of marijuana and were found guilty. Only Greenleaf…