State v. Prestwich

WALTERS, Chief Judge.

Armed with a warrant, the police searched Keith Prestwich’s home and discovered over 400 marijuana plants. As a result, Prestwich was charged with manufacturing a controlled substance, I.C. § 37-2732. When the district court refused to suppress the evidence obtained during the search, Prestwich entered a conditional plea of guilty, preserving his right to appeal the suppression ruling. On appeal, Prestwich contends that (1) there was not probable cause for issuing the search warrant and (2) the magistrate erred in authorizing a nighttime search. We agree there was not…