Opinion
No. A-7024.
Opinion Filed December 21, 1929.
Searches and Seizures — Search Warrant Affidavit Based Solely on Information and Belief Without Stating Supporting Facts Is Insufficient. Where an affidavit for a search warrant is based wholly on information and belief and contains no facts upon which such belief can be predicated, it is insufficient to authorize the issuance of a search warrant.
Appeal from County Court, Pittsburg County; S.F. Brown, Judge.
J.E. Anderson was convicted of possessing intoxicating liquor, and he appeals. Reversed.
O.H. Whitt and Frank Watson, for plaintiff in error.
The Attorney General, for the State.
The plaintiff in error, hereinafter called defendant, was convicted in the county court of Pittsburg county on a charge of having possession of intoxicating liquor, and his punishment fixed at a fine of $50 and confinement in the county jail for 30 days.
The defendant first contends that the affidavit upon which the search warrant was issued was insufficient to authorize the issuance of a warrant thereon. An examination of the affidavit discloses that it is based wholly on information and belief and contains no facts upon which such belief could be predicated.
The affidavit being insufficient, the search and seizure was illegal, and the evidence obtained by such search inadmissible. It was error for the trial court to overrule the defendant's motion to suppress the evidence.
For the reasons stated the cause is reversed.