State v. Harrison

OPINION

HENDLEY, Judge.

Convicted of possession of heroin, defendant appeals asserting that “[t]he search of the defendant’s person exceeded the scope of the warrant and affidavit. No probable cause for the search existed, nor were there exigent circumstances which would justify a warrantless search.”

Detectives Florio, Smith and Garcia, pursuant to a search warrant, were authorized to search a motel room and a named occupant, Dionel Tenorio. The applicant for the search warrant, Florio, knew defendant would be in the room. Florio testified, “We met with the informant again prior to executing…