State v. Smith

Defendant appeals his conviction of two counts of possession of a controlled substance and one count of possession of a controlled substance with intent to deliver.

At issue is the sufficiency of an affidavit in support of a search warrant that led to the discovery of controlled substances in defendant's home. We hold the affidavit insufficient as a matter of law and reverse defendant's conviction.

The affidavit of a Tacoma police officer stated that the officer had probable cause to believe there were controlled substances in defendant's residence in Tacoma, Pierce County, Washington.

That…