State v. Russell

The state appeals an order suppressing evidence found in the execution of two search warrants. The Court of Appeals, in banc, affirmed without opinion by an eVfcnly divided court. The issue is whether an informant’s credibility was established in a legally acceptable manner. We conclude that it was not.

The search warrant commanded the sheriffs "office to search certain described property for marijuana and implements of cultivation. It was based upon an affidavit in which this was the allegation to establish probable cause.

“* * * [Y]esterday I talked to informant A and took A before the Judge…