State v. White

WEBB, Judge.

The defendant’s first assignment of error is to the admission into evidence of the two shotguns found in the search of the premises at 320 Price Street. Assuming the defendant had standing to challenge the legality of the search, we hold this assignment of error is without merit. In Illinois v. Gates, — U.S. —, ---, 103 S.Ct. 2317, 2332, 76 L.Ed. 2d 527, 548, reh’g denied, --- U.S. ---, 104 S.Ct. 33, 77 L.Ed. 2d 1453 (1983), the United States Supreme Court formulated a new test to judge the proper issuance of a search warrant. The Court said:

“The task of the issuing magistrate is…