State v. Anspach

*166BUTTLER, J.

The state appeals a pretrial order suppressing evidence obtained in the search of a residence and outbuildings in two consolidated criminal cases in which defendants were charged with manufacture and possession of marijuana. Both defendants cross-appeal from the denial of their motions to controvert the affidavit in support of the search warrant. We affirm both orders.

The supporting affidavit submitted by a police officer stated, in pertinent part:

“That on September 24, 1981, myself and Deputy Nelson Johnston of the Douglas County Sheriff’s Office, while flying in a Cessna 210,…