State v. Eichorn

EUBANK, Judge.

This appeal by the State questions whether the affidavit supporting a nighttime search warrant provided sufficient “good cause” allegations.

Appellee, Douglas Eichorn, was charged with aggravated assault, a class 3 dangerous felony; possession of narcotic and dangerous drugs, both class 4 felonies; and possession of marijuana, a class 6 felony. Appellee filed a motion to suppress the evidence seized as a result of the police obtaining a nighttime search warrant and the subsequent search of appellee’s apartment. Appellee’s motion was based both on a lack of probable cause and…