State v. Milloway

WELLS, Judge.

Defendant assigns error to the trial court’s denial of his motion to suppress, arguing first that the search warrant application lacked any indicia of probable cause. In evaluating this contention we quote the standard adopted by our Supreme Court in State v. Arrington, 311 N.C. 633, 319 S.E. 2d 254 (1984):

The task of the issuing magistrate is simply to make a practical, common sense decision whether, given all the circumstances set forth in the affidavit before him, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, there is a fair…