State v. Anspach

The question is whether the affidavit in support of an application for a search warrant set forth facts sufficient to establish probable cause to search defendants’ home. Both the trial court and the Court of Appeals held that it did not and suppressed the evidence. We reverse.

The affidavit recited the following facts: Police officers identified growing marijuana during an aerial surveillance. The marijuana was growing on a privately owned lot of approximately 51 acres. The lot contained one residence and an outbuilding. It was surrounded on three sides by timberland owned by International…