State v. Nollsch

PORTER, Justice.

CASE SUMMARY

Defendant was arrested after a search by Vermillion Police and Clay County Sheriff’s Deputies found a large amount of controlled substances in his automobile. He moved to suppress the fruits of the search, and the trial court granted the motion. The state has brought this intermediate appeal. We hold that the affidavit before the magistrate was insufficient to raise probable cause, because it did not disclose sufficient underlying facts and circumstances from which the magistrate could find that contraband was probably contained in the searched automobile. We also…