State v. Smith

OPINION

WADE, Judge.

The defendants, Garland Lee Smith and Donna Faye Smith, were indicted for possessing pit bull dogs for the purpose of fighting for amusement, sport or game; manufacturing marijuana; and possession of marijuana with intent to sell. Upon motion by the defendants, the trial court suppressed evidence acquired pursuant to the execution of a search warrant of the defendants’ residence.

The issue presented by the state for review is whether the evidence was properly suppressed because of a deficient supporting affidavit. The defendants argue that the search warrant was invalid for…