Helton v. State

I concur in the reversal of this case for the reason assigned in the majority opinion, but I am of the further opinion that the search warrant is subject to other defects which transcend in importance that upon which the reversal is predicated.

Upon its face, the affidavit for the search warrant sought a warrant to search a private residence for specifically described personal property. The search warrant issued thereon and used in this case authorized the search of a private residence for the specifically described property.

A warrant to search a private residence must be based upon an…