State v. Benters
Annotate this CaseBased upon an affidavit by a state law enforcement officer, a magistrate issued a warrant authorizing a search of Defendant’s home and outbuildings on his property. Law enforcement officers executed the warrant and seized fifty-five marijuana plans, indoor growing supplies, firearms and ammunition, and $1540 in cash. Defendant was indicted for maintaining a dwelling to keep a controlled substance, manufacture of a controlled substance, and trafficking in marijuana by possession, among other offenses. The trial court suppressed the items seized under the search warrant. The Court of Appeals affirmed, concluding that the affidavit was not supported by probable cause. The Supreme Court affirmed, holding that, under the totality of the circumstances, the affidavit failed to provide a substantial basis for the magistrate to conclude that probable cause existed.
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