State v. Payne

After trial to the court, the defendant was convicted on two counts of possession of a controlled substance with intent to deliver. The defendant was sentenced to imprisonment for not less than 2% nor more than 4 years on each count, the sentences to run concurrently. The defendant has appealed.

The only issue on this appeal is whether the District Court erred in overruling defendant’s motion to suppress evidence seized under a search warrant obtained on the affidavit of a police officer.

It is the defendant’s contention that the affidavit for the search warrant failed to allege any underlying…