State v. Lindsey

KEITH, Chief Justice.

We granted the state’s petition for review of the court of appeals’ decision reversing the conviction of Mose Lindsey of possession with intent to distribute cocaine. The drugs were found by police in an apartment used by Lindsey in a search authorized by a judge over the telephone after the applicant established probable cause. The trial court denied Lindsey’s motion to suppress, finding no constitutional violation and that the statutory noncompliance did not warrant suppression of the evidence. The court of appeals reversed, concluding that the applicant failed to…