State v. Witwer

OPINION

Before BRYNER, C. J., COATS and SINGLETON, JJ. SINGLETON, Judge.

The state has petitioned for review of a decision of the superior court quashing a search warrant and suppressing evidence obtained through its use. 1 We grant the petition, reverse in part, and remand for further proceedings.

The relevant facts must be gleaned from the affidavit itself, since no oral testimony was taken by the magistrate. See Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964). Nevertheless, we set out the background facts in order to establish the context in which the warrant was issued.

Ga…