People v. Brethauer

This is an interlocutory appeal from a trial court’s ruling which denied a motion to suppress as evidence certain narcotics and other related articles in police possession as the result of a search and seizure based upon a search warrant.

Timothy Allen Brethauer, Ronald Vester Shuler, and Kenneth Harvey Rice are the defendants in the trial court and are the appellants here. They were charged with possession of marijuana, possession of dangerous drugs, possession of marijuana for sale, and with dispensing of dangerous drugs.

Probable cause is the touchstone in this area of the law, and it is…