State v. Broadway

Frank Holt, Justice.

The state brings this interlocutory appeal from the trial court’s granting of the appellee’s motion to suppress certain evidence. Ark. Rules of Crim. Pro., Rules 36.10 and 16.2 (d) (1977). The sole issue presented is whether the trial court erred in ruling that the evidence, marijuana, be suppressed due to an invalid nighttime search warrant.

The facts and circumstances surrounding the issuance ot the search warrant are not in dispute. The facts constituting probable cause in support of the affidavit state that, based on police file reports of appellee’s activities and…