State v. Jensen

The State appeals from a pre-trial order suppressing evidence seized in a search of Delbert Jensen’s home by law enforcement officers with a search warrant. The District Court determined that the Justice of the Peace issued the warrant without probable cause. We find that the application contained sufficient probable cause to support the issuance of the search warrant. We reverse the order of the District Court.

The issues on appeal are:

1. Was the search warrant based upon probable cause?

2. If not, should the illegally seized evidence be admissible under the “good faith exception” to the…