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SAMMY STRANGE & DIANNE N. STRANGE v. STATE OF MISSISSIPPI

JULY 27, 1988

SAMMY STRANGE & DIANNE N. STRANGE
v.
STATE OF MISSISSIPPI



EN BANC

ROBERTSON, JUSTICE, FOR THE COURT:

I.

Today's appeal asks that we take seriously that, when invading the privacy of one's home to search for contraband, an officer's authority is limited by the warrant he holds. Here the warrant in no uncertain terms authorized searches only "in the day time" . The search at issue, yielding a substantial quantity of marijuana, was conducted at 11:30 p.m.

 We hold that the officers exceeded their authority, that the fruits of the search were inadmissible as evidence at trial, and, en route, reverse and remand for a new trial.

 II.

 On the evening of October 15, 1984, Sheriff Hubert L. McGlothin of Concordia Parish, Louisiana, received a tip from a confidential informant that Sammy and Dianne Strange had a large amount of marijuana in their garage apartment at 722

 Pearl Street in Natchez, Mississippi. The informant, who had given McGlothin reliable information in at least nine previous drug cases, told McGlothin that he had seen the marijuana in the Stranges' apartment that day.

 Because Natchez was outside of his jurisdiction, Sheriff McGlothin telephoned Adams County Chief Deputy Sheriff Tommy Ferrell and passed on the information. Deputy Ferrell in turn told Adams County Deputy John Manley what he had learned and instructed that Manley take an unmarked car and drive by the apartment and obtain a visual description of it. After Manley had done this, Ferrell directed him to swear out an affidavit for a search warrant. Deputy Manley then personally appeared before County Judge John Hudson and presented an Affidavit for search warrant.

 Pursuant to that affidavit, Judge Hudson issued a search warrant which reads as follows:

 SEARCH WARRANT (C.2576)

 STATE OF MISSISSIPPI

 Adams County

 TO ANY LAWFUL OFFICER IN ADAMS COUNTY.

 Whereas, Deputy John Manley has this day made complaint on oath before the undersigned, a County Court Judge in and for said county, that certain personal property, to-wit: marijuana and other controlled substances and paraphernalia associated with said marijuana and other controlled substances, are being kept at white, wood-framed, garage apartment located behind the house at 722 North Pearl Street, Natchez, Adams County, Mississippi and that said affiant suspects and shows that probable cause does exist to suspect that said Sammy Strange of said County has the aforementioned drugs at ...


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