State v. Silvestri

The defendant was convicted of possession of marijuana with intent to distribute in violation of RSA 318-B:2. On appeal, the defendant argues that marijuana found during a search of his home should have been suppressed because the search warrant was not supported by probable cause. We agree with the defendant and therefore reverse.

A sergeant of the Pelham Police Department submitted a warrant application to the Pelham Municipal Court, which contained the following assertions:

“1. That in the week of 15 October 1989 Detective Andrew McNally became aware of information concerning the selling of…