State v. Boll

Considered on Briefs May 28, 2002; Opinion Filed Sep 4, 2002 William James Boll was convicted of unauthorized manufacture of a controlled substance (methamphetamine) and possession of a controlled substance (methamphetamine) in violation of SDCL 22-42-2 and SDCL 22-42-5. (fn1) He appeals contending that the trial court erred in denying his motion to suppress the evidence seized at his home and on his person. That evidence was seized pursuant to a search warrant. However, the affidavit supporting the warrant contained some information obtained from a prior illegal search. After redacting all information derived directly and indirectly from the illegal search, we conclude that the remaining information in the affidavit fails to establish probable cause. We therefore reverse and remand. FACTS AND PROCEDURAL HISTORY