State v. Emmi

Defendant was convicted in a jury trial of felony possession of marijuana under 18 V.S.A. § 4230(a)(3), and appeals from the trial court’s denial of his motions (1) to quash the search warrant as the product of an unconstitutional search, and (2) to compel the State to produce the confidential informant. We affirm.

At some point during the seventy-two hours before March 7, 1991, a police informant entered defendant’s home wearing an electronic audio transmitter, for which the police had not obtained a warrant. He observed a “brick” of marijuana and a large amount of cash, and believed there…