State v. Langan

This is an appeal by defendant from a conviction of illegal possession of marihuana. The case was tried by jury in the district court of Gallatin County.

The principal question on this appeal is the admissibility in evidence at defendant’s trial of approximately two pounds of marihuana seized by law enforcement officers in a raid on defendant’s residence in Bozeman. The trial judge ruled the marihuana admissible. We reverse.

On July 21, 1967, the Bozeman Chief of Police filed an affidávit for a search warrant before a justice of the peace who issued a search warrant authorizing a search of…