State v. Harp

The question is whether probable cause existed to support issuance of the search warrant for a search of defendants’ home.

Defendants moved, at a consolidated hearing before the trial court, to controvert the affidavit supporting a search warrant issued for the search of their home. The trial court suppressed the evidence seized pursuant to the warrant in both cases. The cases were consolidated on the state’s appeal to the Court of Appeals.

The affiant, the police officer whose statements were the basis for issuance of the search warrant, submitted the following factual information by…