State v. Cannon

Phillip K. Cannon was indicted on October 29, 1970 for unlawfully possessing “* * * a certain narcotic drug, to wit, Cannabis, in violation of Title 21, Chapter 28, Sections 31 and 3 of the General Laws of Rhode Island, 1956, as amended.” The defendant’s pretrial motion to suppress certain evidence seized in the execution of a search warrant was granted by a Superior Court justice on the ground that the affidavit supporting the application for the search warrant failed to comply with the fourth amendment’s command that “no warrants shall issue, but upon probable cause.” Under a procedure…