State Alaska v. Gwen Conway

Gwen J. Conway was charged by a grand jury with two counts of third-degree misconduct involving a controlled substance (cocaine) and one count of fourth-degree misconduct involving a controlled substance (cocaine), AS 11.71.030(a)(1), AS 11.71.040(a) (3). He filed a motion to suppress evidence seized pursuant to a search warrant for his home, on the grounds that the affidavit in support of the warrant did not establish probable cause that evidence of drug distribution would be found there. Superior Court Judge Ralph E. Moody granted Conways motion. The state petitioned for review pursuant to Appellate Rule 402. We granted review and have considered the briefs and arguments of the parties. We reverse and remand for trial.