Summary of State v. Gameros-Perez

Jose Simon Gameros-Perez and Isidro Benitez-Medina, Respondents, were believed to be in possession of illegal narcotics and paraphernalia in their apartment. The Washoe County Sheriff telephonically applied for and obtained a warrant to search the respondents’ apartment pursuant to NRS 179.045(2). The magistrate issued the warrant based on sworn oral statements that were later transcribed. The warrant contained a statement that probable cause existed to believe the respondents were in possession of illegal narcotics and paraphernalia. It did not, however, contain an actual recitation of the probable cause for the search. Upon execution of the warrant, heroin was found in the apartment. The respondents were then arrested. The district court granted respondents motion to suppress the evidence because the warrant did not contain a statement of probable cause. The State appealed. The Nevada Supreme Court reversed the district court’s order suppressing the evidence and remanded the issue of whether the transcribed oral statement established sufficient probable cause