State v. Donovan, 2004 ND 201

Summary

The Supreme Court of North Dakota affirmed the suppression of evidence obtained through a search warrant. The court held that the warrant affidavit misleadingly presented an informant's credibility and, after the misleading statements were excised, the remaining information did not establish probable cause.

Holdings

1. The affidavit was misleading because it presented Gascoine's prior testimony in a manner that could lead a reasonable magistrate to believe she had testified against narcotics users in multiple trials, while omitting that her only such testimony was an alibi for her accused daughter.
2. After the misleading statements were set aside, the affidavit did not establish probable cause because Gascoine's credibility was not sufficiently corroborated.
3. The trial court properly suppressed the evidence obtained under the warrant.

Questions Presented

1. Whether the search-warrant affidavit contained false or misleading statements or omissions that materially affected the magistrate's probable-cause determination.
2. Whether, after excising the misleading material from the affidavit, the remaining information established probable cause to search Donovan's home.
3. Whether the evidence obtained during the search was properly suppressed.

Disposition

affirmed