State v. Fisher

Paula Lynn Fisher and Thomas Joseph Lancaster appeal their convictions of unlawful possession of a controlled substance found in their residence during a search made pursuant to a warrant. We reverse on the ground that the supporting affidavit did not contain sufficient underlying circumstances from which the issuing magistrate could have made an independent finding of probable cause.

On January 30, 1979, a Pierce County sheriffs officer presented an affidavit in support of a search warrant to a judge. The warrant issued, and some 2 days later, officers, finding no one present in the described…