State v. Myers

Myers challenges his conviction of possession of a controlled substance with intent to deliver. We hold that evidence seized pursuant to a telephonic warrant must be suppressed when the failure to record sworn statements deprives the appellate court of a record sufficient to review the magistrate's probable cause determination. We reverse.

Facts

The Kennewick police received an anonymous tip that Wayne Myers sold drugs from his home. On May 21, 1990, police Officers Hiles and Laschied went to Myers' home. The uniformed officers walked to the front porch, knocked on the door, and identified…