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Smith v. State3/31/2004
e Aguilar-Spinelli test). For these reasons, the State failed to establish probable cause for the issuance of the warrant, and the superior court should have suppressed the evidence obtained under that warrant.
It is true that when a Glass warrant is declared invalid, this ruling only requires suppression of the evidence obtained through electronic monitoring of the conversations at issue. The actual participants to those conversations are still free to testify about what they heard. But, as we noted at the beginning of this opinion, the State does not argue that invalidation of the Glass warrant could be harmless error in Smith's case.
Accordingly, the judgment of the superior court is REVERSED.
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