State v. Weiss

This interlocutory appeal turns on whether the affidavits in support of a search warrant issued by Judge Pineles for the residence of defendant Michael Weiss set forth facts establishing probable cause and whether Judge Pineles had reasonable cause to authorize a nighttime search of the premises. See State v. Brown, 151 Vt. 533, 535, 562 A.2d 1057,1058 (1989) (critical inquiry for judge issuing warrant is whether, taking information as true, illegal materials would more likely than not be found at residence).

Two defendants, Jeffrey and Michael Weiss, were charged together in September of 1986…