State v. Oropeza

McQUADE, Chief Justice.

Defendants-appellants Jose Luis Oropeza and Gail Ann Oropeza were found guilty of unlawful possession of a controlled substance (heroin) in violation of I.C. § 37-2732(c)(1) after a jury trial. We reverse the judgment of conviction, finding that appellants’ motion to suppress evidence should have been granted by the district court.

On May 5, 1973, Sergeant Gary Twedt of the Canyon County City-County Narcotics Division, appeared before a magistrate and filed an Affidavit for Search Warrant. Twedt swore to personal knowledge that:(1) on that day a state narcotics agent had…