State v. Schaffer

BURNETT, Judge.

This is an appeal by the state from an order suppressing evidence and dismissing criminal charges in four consolidated cases. The district court held that certain evidence should be suppressed because it had been seized under a search warrant issued without probable cause. The court also held that the charges should be dismissed because one of the accused persons, Robert Schaffer, had been placed in custody, without, an arrest warrant and without probable cause, when the search began. For reasons explained below, we vacate the district court’s order and remand the cases.

The…