State v. Wielgus

(on reassignment).

This is an appeal from an order suppressing evidence seized from defendants’ apartment on June 10, 1977, pursuant to a search warrant. The state appeals. We reverse.

One of the two affidavits presented to the magistrate in support of the search warrant was executed by Officer Chris Ral-lis. This affidavit relates that one Larry Montileaux, who was arrested for attempting to sell marijuana on September 28, 1976, had informed the arresting officer that his supplier of marijuana was defendant Steven Wielgus. It further relates that a juvenile had informed the Sioux Falls police…