Lum subsequently filed a motion to suppress the evidence, in which he argued that the information supporting the warrant failed to provide probable cause for the issuance of the warrant. The trial court granted Lum's motion. The State now brings an interlocutory appeal of the trial court's decision. The State contends that the court erred in suppressing the evidence found at Lum's Salina residence. This contention lacks merit.
Further facts appear in the analysis as needed.
Thus, the court found the affidavit did not provide a basis for the issuance of a search warrant of Lum's residence. Whether probable cause existed to issue a search warrant is determined by the totality of the circumstances. And the duty of a reviewing court is simply to ensure that the magistrate had a 'substantial basis for . . . Once inside the house Lum took her to a room on the second floor where a personal computer was located. He turned the computer on and displayed to her a white female wearing a garter belt with black stockings.