State v. Gilreath

The defendant was convicted of theft by deception of property having a value in excess of $1,000 and of being an habitual criminal. He was sentenced to imprisonment for 12 to 20 years. He has appealed and assigned as error the admission into evidence of items seized pursuant to a search warrant allegedly issued without probable cause.

The offense consisted of passing a certified check that had been “raised” from $85 to $85,000.

The defendant had organized a corporation known as Gilreath Food Services Management. In January 1982 the corporation entered into a contract to purchase a building near…