Washington v. Canady

Edward Canady, convicted of possession of marijuana with intent to manufacture or deliver, challenges the validity of the search warrant that led to his arrest. He asserts (1) the warrant was not supported by probable cause, and (2) the judge who issued the warrant lacked lawful authority to do so, because the department in which he sat was not properly created. These challenges were presented at every opportunity, starting with a pretrial motion to suppress. Canady was convicted on stipulated facts, and the Court of Appeals affirmed the conviction in an unpublished opinion. State v. Canady, noted at 57 Wash. App. 1064 (1990). We reverse Canadys conviction because the warrant was issued without authority of law. We therefore need not, and do not, reach the probable cause issue.