State v. Nunez
Annotate this CaseThe district court issued a warrant authorizing officers to search Defendant’s residence. The search resulted in the seizure of container of “Molotov cocktails” and a handgun. Defendant moved to suppress the evidence arguing that the search warrant was tainted by an unlawful initial search relying on an affidavit that failed to supply probable cause that evidence of illegal drug activity would be found at the property. The superior court denied the motion to suppress. Pursuant to a conditional guilty plea, Defendant was convicted of one count of arson and two counts of criminal threatening. Defendant appealed the denial of his motion to suppress, arguing that, because it was objectively unreasonable for an officer to believe the search warrant established probable cause, the court erred in applying the good faith exception to the exclusionary rule. The Supreme Court affirmed, holding that the issuing judge had a substantial basis to find probable cause for the warrant to issue.
Court Description: Corrected June 27, 2017 (Errata Sheet)
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