Abbott v. Sheriff

OPINION

These appeals have been consolidated for disposition because they arise out of the same facts and circumstances.

On December 28, 1970, the Carson City Sheriff’s Department obtained a warrant to search an apartment occupied by the appellant, Larry Prickett, and another individual who is not a party to these appeals, for unlawful possession of marijuana and hallucinogenic drugs. The officers found the subject premises to be unoccupied when they first attempted to serve the search warrant. They returned at approximately 1:48 a.m. on December 29, 1970. On that occasion the premises were…