State v. Rangitsch

In State v. Rangitsch (1985) 40 Wn. App. 771 700 P.2d 382, a warrant was issued to search the defendant's home and automobile based on an officer's affidavit describing evidence of the defendant's use of cocaine, and stating that "it was the experience of another trooper working in the narcotics department that cocaine users would commonly have cocaine and drug paraphernalia in their vehicles and residences." (Id. at p. 385.) The court found no probable cause for the search. "The affidavit in support of the search warrant must adequately show circumstances which go beyond suspicion and mere personal belief that evidence of a crime will be found on the premises to be searched. In the affidavit, the officer's belief that habitual users of drugs keep drugs and paraphernalia in their home was mere speculation. It was not sufficient to establish probable cause." (Id. at p. 388.)