State ex rel. Townsend v. District Court of the Fourth Judicial District

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

Relator Richard D. Townsend is charged by Information in Ravalli County with the offense of criminal sale of dangerous drugs, a felony under section 54-132, R.C.M.1947. The Information results from the seizure of forty-two marijuana plants and assorted paraphernalia by county deputy sheriffs during a search March 31, 1975, of relator’s apparent place of residence. Prior to the search, a supportive warrant was issued by a local magistrate. The validity of that warrant was challenged by a motion "to suppress under section 95-1805,…