State v. Gillespie

LAVORATO, Justice.

Is probable cause for an anticipatory search warrant based on events that may or may not happen in the future sufficient under our search warrant statutes to make the warrant valid? The district court thought so and overruled defendant Jerry Gillespie’s motion to suppress. We disagree. We reverse Gillespie’s conviction based on evidence obtained under such warrant and remand for new trial.

Authorities suspected that Larry Randy Stephenson was trafficking in illegal drugs. He was the subject of an on-going investigation. He was arrested for delivery of four ounces of cocaine…