STATE v. ALLEN

No. 38741.

69 P.3d 232 (2003)

The STATE of Nevada, Appellant, v. Ruth Lamay ALLEN, Respondent.

Supreme Court of Nevada.

May 21, 2003.


Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, Carson City; David G. Allison, District Attorney, and Conrad Hafen, Chief Deputy District Attorney, Humboldt County, for Appellant.

Jack T. Bullock II, Winnemucca, for Respondent.

Before the Court En Banc.


OPINION ON EN BANC RECONSIDERATION

PER CURIAM.

In this appeal, we are asked to determine whether a search warrant that did not contain a statement of probable cause was nevertheless valid because it complied with the "incorporation by reference" requirements of NRS 179.045(5)(b). The affidavit supporting the search warrant was not sealed, and the warrant was not issued after telephonic communication pursuant to NRS 179.045(2). We conclude that a search...

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