People v. Boose

Defendant was charged with 1st-degree murder of his wife. Court properly granted Defendant's motion to quash arrest warrant and suppress evidence seized as a result of execution of warrant. Items to be seized, as described on face of warrant, did not relate to murder investigation, and would have pertained to investigation of a drug offense.Valid portion of warrant cannot be severed from invalid description of items to be seized. Warrant did not expressly adopt complaint's description of items to be seized, but only acknowledged complaint and expressed a different description of items to be seized.(JORGENSEN, concurring; SPENCE, dissenting.)