State v. Bandy

MALLARD, Chief Judge.

The only question presented on this appeal is whether the court erred in failing to suppress the evidence obtained as a result of the search warrant used in this case. The defendant contends that the affidavit in support of the search warrant does not provide probable cause for the issuance of the warrant. The affidavit was duly sworn to on 21 May 1971 by C. J. Williams and reads as follows:

“Det. Sgt. C. J. Williams', Raleigh P.D. being duly sworn and examined under oath, says under oath that he has probable cause to believe that Joe Henry Bandy has on his premises and in…