State v. Baca ( 1982 )

PAYNE and RIORDAN, Justices,

specially concurring.

We agree that the defendant’s conviction must be reversed and this case remanded for a new trial.

A review of the affidavit for the search warrant in this case leaves us with the inescapable conclusion that it does not contain probable cause to search the house described in the warrant. Even assuming that the reliability of the information is established by the contents of the affidavit, probable cause to search the house is lacking.

We do not feel it is necessary to discuss whether the two-prong test established by Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), has been met.