Knaub v. State

HOFFMAN, Judge.

A jury found Penny M. Knaub and Daniel R. Bowen guilty of visiting a common nuisance, and it found Knaub guilty of possession of marijuana. Each of the convic tions was based solely on physical evidence seized pursuant to a search warrant, the validity of which Knaub and Bowen challenged both at trial and in this appeal.

The statutory requirements for the issuance of a search warrant are set forth in IC 1971, 35-1-6-2 (Burns Code Ed., 1975):

“No warrant for search or arrest shall be issued until there is filed with the justice of the peace, judge of any city court or magistrate’s…