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STATE v. RABOY

No. 1 CA-CR 951.

24 Ariz. App. 586 (1975)

540 P.2d 712

STATE of Arizona, Appellee, v. Stephen Ross RABOY, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied October 22, 1975.

Review Denied November 25, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

Spence-Moore, Ltd. by Gerald F. Moore, Phoenix, for appellant.

OPINION

EUBANK, Judge.

This appeal raises questions concerning the extent to which an affidavit, filed in support of the issuance of a search warrant, may be questioned after the determination of "probable cause" by the magistrate and the warrant is issued and executed.

On January 24, 1974, Phoenix Police Officer Tom Atchison executed an affidavit, pursuant to A.R.S. § 13-1444,1 preparatory

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