Newton v. State , 63 O.B.A.J. 34 ( 1991 )

BRETT, Judge

dissenting:

I agree with Judge Parks and join in his statement that this case should be reversed because the search warrant affidavit lacked sufficient information to give the magistrate probable cause to issue the search warrant. Even under the Illinois v. Gates “totality of the circumstances” standard, the affidavit is lacking in reliability. The right to be free from a police search of one’s home must be guarded from arbitrary intrusion. Accordingly, I dissent.