STATE v. BURNS

No. 1 CA-CR 88-301.

163 Ariz. 44 (1989)

785 P.2d 1232

STATE of Arizona, Appellant, v. James Delbert BURNS, Appellee.

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

Reconsideration Denied October 31, 1989.

Review Denied February 14, 1990.


Attorney(s) appearing for the Case

Charles R. Hastings, Yavapai Co. Atty. by Julia W. Stoner, Deputy Co. Atty., Prescott, for appellant.

Rhonda L. Repp, Prescott, for appellee.


OPINION

KLEINSCHMIDT, Judge.

This is an appeal by the state from the trial court's order granting a motion to suppress evidence seized from the defendant's bedroom during the search of a home. We hold that the trial court erred in granting the motion to suppress.

FACTS

The case arose as follows. An officer of the Bureau of Indian Affairs, working with state and local police, sought a search warrant by telephone from a United States Magistrate...

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