State v. Young

OPINION

TERRIE LIVINGSTON, Justice.

Introduction

The police searched appellee Reed Jennings Young’s apartment pursuant to a warrant authorizing the seizure of “evidence to wit: 1. Keltec 9mm pistol or any other 9mm pistols.” Although the police found no gun, they found and seized certain other 9mm items and the State attempted to use that evidence in its prosecution of appellee for the misdemeanor offenses of criminal mischief and making a false report to police. Appellee moved to suppress, arguing that because the warrant was on its face evidentiary in nature, the police had no authority to…