State v. Frederick

MORRIS, Judge.

In its first assignment of error, the State contends that the trial court erred in its finding that the search of the car was in violation of defendant’s constitutional rights. The search warrant involved in this case states, inter alia:

“The applicant swears to the following facts to establish probable cause for the issuance of a search warrant: Af- fiant states that he has received numerous calls stating he has firearms in trunk of veh., and when asked if officer could look in the trunk, he refused to allow it.”

The State concedes that the search warrant was defective, but…