Caldarera v. State

OPINION

DALLY, Commissioner.

The convictions are for the possession of marihuana; the punishment, two years’ imprisonment, probated.

The marihuana admitted into evidence was obtained by officers armed with a search warrant. The question presented is whether the affidavit supporting the search warrant states probable cause. We find that it does not.

The relevant part of the affidavit reads as follows:

“My source has been present when sales of narcotics were made by customers who came to the residence to buy drugs. My source has been present when sales were made within the past 72 hours.

“My source…