State v. Regelman
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The Supreme Court affirmed in part and reversed and remanded in part the district court’s order suppressing drug-related evidence seized during a residential search supported by a warrant, holding that the affidavit facts provided a substantial basis for the issuing judge’s determination that there was a fair probability that evidence of illegal marijuana possession would be found in the home.
Specifically, the Court held (1) Miranda warnings were required before Defendant made incriminating statements used to support the warrant, and therefore, the incriminating statements were properly suppressed where the warnings were not given before the statements were made; but (2) the officer’s testimony that he executed the smell of raw marijuana coming from the residence provided the probable cause for the search warrant.
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