State v. Lilly

FRED L. FOX, II,

Judge:1

The issue before us, brought in the context of a proceeding pursuant to Rule 11(a)(2) of the West Virginia Rules of Crimi*599nal Procedure,2 challenges the sufficiency of the information considered by a magistrate in determining probable cause for the issuance of a search warrant. We hold that the appellants’ motion to suppress should have been granted because we find the information was insufficient to establish probable cause. Accordingly, we reverse the judgment of the circuit court.

I

FACTS AND PROCEDURAL HISTORY

On 13 April 1993, Greenbrier County Deputy Sheriff Corporal…