Garner v. State

Robert L. Brown, Justice.

This case concerns the execution of a nightime search warrant and the circuit court’s denial of appellant Michael David Garner’s motion to suppress the evidence seized as a result of the search. The appellant was charged with possession of a controlled substance — specifically, marijuana — with intent to deliver but was convicted of the lesser offense of mere possession, which is a misdemeanor. He was sentenced to one year in the county jail and fined $1,000. He now appeals on the basis that insufficient facts were contained in the officers’ affidavit to establish…