State v. Biwer

[¶ 20] In Section IIA of the majority opinion, the majority concludes the evidence seized under the initial warrant must be suppressed. I dissent from the majority opinion and the reversal of the district court as provided in Section IIA because the facts and circumstances relied on by the district court in issuing the search warrant would lead a person of reasonable caution to believe the contraband or evidence sought, proceeds from illegal activities, probably would have been found within the package. I would affirm the denial of the motion to suppress the evidence obtained under the…