State v. Buffington

I would hold that the affidavit is sufficient and that the magistrate had a substantial basis for his decision to issue the warrant. Therefore, I respectfully dissent.

When faced with an insufficiency argument, our function is to determine whether, on the basis of the facts and circumstances shown by the affidavit, a neutral and detached magistrate could conclude that there was probable cause to believe that the search would discover things specified in the affidavit in the places requested to be searched. We must construe the affidavit in a commonsense and realistic fashion. State v.…