State v. Holman

The question dispositive of this appeal is whether it is permissible for law enforcement officers to serve a “daytime” warrant after dark. We hold that it is not.

The defendant, David E. Holman, after a bench trial, was found guilty of theft by receiving stolen property valued at more than $300 but less than $1,000. He appeals his conviction, citing as error the overruling of his motion to suppress evidence. We vacate Holman’s sentence, reverse his conviction, and remand the cause for a new trial.

On March 31,1987, at 4:20 p.m., the Douglas County Court issued a warrant permitting the search of…