State v. Howard

PARKER, Judge.

The state appeals the trial court’s order granting Marvin R. Howard’s motion to suppress evidence seized during a search of Howard’s residence, specifically arguing that the trial court erred in granting the motion based on the search warrant’s failure to incorporate by reference the affidavit setting forth probable cause for the search. We conclude under the facts of this case that the trial court erred in entering the order granting the motion to suppress and, therefore, reverse.

The search warrant on its face does not set forth the facts establishing probable cause. The…