State v. Mepham

The state appeals from an order suppressing evidence seized pursuant to a warrant. In a suppression hearing involving a charge of possession of marijuana, the trial court had ruled the affidavit insufficient to support the issuance of a warrant. An additional charge, tampering with drug records, presented the same issues of fact and law. The two cases, therefore, were consolidated on appeal.

The affidavit is set out below.1 The key language in the affidavit is: "While on the porch, I observed *842through the open doorway within the aforesaid residence a coffee table WHICH WAS [sic] approximately…