Sanderlen v. State

FARMER, Judge.

We defer, as we must, to the trial judge's factual finding that, although the search warrant was defective because the affidavit lacked probable cause, the officers nevertheless had a good faith belief in the sufficiency of the warrant. We view the good faith inquiry as being both factual and legal in its essential nature and thus beyond our power to affect.

Although the trial judge’s order denying the motion to suppress is silent on the “knock and announce” argument, the hearing transcript reveals that he did actually consider the issue. He said:

The court finds that the officer…