STATE v. LUTZ


553 A.2d 657 (1989)

STATE of Maine v. Mary L. LUTZ.

Supreme Judicial Court of Maine.

Decided January 30, 1989.


Attorney(s) appearing for the Case

Michael E. Povich, Dist. Atty., Carletta Bassano, Asst. Dist. Atty., Machias, Garry L. Greene (orally), Asst. Atty. Gen., Augusta, for plaintiff.

Anthony K. Ferguson (orally), Fales & Fales, P.A., Lewiston, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, HORNBY and COLLINS, JJ.


WATHEN, Justice.

The State appeals from an order of the Superior Court (Washington County, Smith, J.) suppressing evidence obtained during a search of a seasonal camp rented and occupied by defendant. The court found that the complaint justice had issued the warrant authorizing the search based on an affidavit that was unsupported by probable cause. The State argues on appeal that a substantial basis existed in support of the magistrate's finding of probable...

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