State v. Fultz

Birdsong, Judge.

Daryl Forkner Fultz and his wife Karen Ann were indicted for violations of the Controlled Substances Act. They moved for suppression of the fruits of a search of their home arising out of an alleged defective warrant. The trial court granted the motion to suppress and the State brings its appeal to the grant of that motion. Held:

The affidavit in support of the warrant reads as follows: “On March 2, 1982 [sic] Army CID Agents along with Agents arrested Beth Smith for sale of marijuana. Agents gave Smith the money for the marijuana and followed her to the above address. Agents…