State v. Ruess

BURNETT, Judge.

In this appeal we examine issues relating to the issuance and execution of a search warrant, and we consider the scope of a judge’s discretion in fashioning conditions of probation. The appeal comes to us from a judgment convicting Timothy Ruess of manufacturing and possessing marijuana. Ruess argues (1) that a search warrant was issued without probable cause; (2) that the issuing magistrate was misled by police officers; (3) that the officers later failed to comply with I.C. § 19-4409, the knock-and-announce statute; and (4) that the sentencing judge impermissibly imposed a…