State v. Smith

— Jerrold W. Smith appeals his conviction for violation of the Uniform Controlled Substances Act, following a bench trial on stipulated facts. He contends that the fruits of a search conducted pursuant to a search warrant should have been suppressed because the warrant lacked probable cause under Aguilar v. Texas, 378 U.S. 108, 12 L. Ed. 2d 723, 84 S. Ct. 1509 (1964) and Spinelli v. United States, 393 U.S. 410, 21 L. Ed. 2d 637, 89 S. Ct. 584 (1969). He also contends that the trial court erred in denying him an evidentiary hearing under Franks v. Delaware, 438 U.S. 154, 57 L. Ed. 2d 667, 98…