People v. Peschong

This is an appeal by the defendant from a conviction of a charge of possession of marijuana. Prior to trial, the defendant moved to suppress certain evidence (marijuana in various forms) obtained from his residence during the execution of a search warrant. The motion was denied by the court and the evidence was admitted at trial. The defendant has maintained that the affidavit in support of the search warrant failed to establish probable cause. The Attorney General, admitting that the affidavit is fatally defective, has confessed error. We agree.

Under the decisions of the United States…