State v. Carter/Grant

*8FADELEY, J.

In this search and seizure case, the issue is whether an officer’s affidavit reporting on a warrantless police observation of the interior of a residence alleges particular facts sufficient to establish the probable cause required before a search warrant may be issued. The officer swore that he saw green plants when he looked through the windows into defendants’ house. He swore that the color was “consistent with” marijuana. He also swore that, when he looked again with binoculars,1 color and a plant stem were “consistent with” marijuana. He also swore that he was both trained and…