State v. Thein

— The question in this appeal is whether probable cause existed to issue a warrant to search defendant’s home. The affidavits in support of probable cause contained generalizations regarding the common habits of drug dealers. We are asked to decide whether these generalizations, standing alone, established probable cause, or whether the stated facts were otherwise sufficient to issue the warrant. The Court of Appeals found the search valid. We reverse.

FACTS

Stephen Thein was arrested and convicted for possession of marijuana with intent to deliver and of defrauding a public utility after a…