State v. Hicks

The opinion of the court was delivered by

Beier, J.:

This appeal addresses the sufficiency of an affidavit supporting a search warrant, including tire appropriate standard for review of the issuing magistrate’s decision.

Defendant Gordon R. Hicks was charged with three drug possession counts and one count of intent to distribute drugs within 1,000 feet of a school. His arrest followed police execution of a search warrant at his home.

Hicks moved to suppress the evidence seized, and the district judge granted the motion, ruling the affidavit supporting the warrant was insufficient. The State filed…