Legal Opinion · Dissent

State v. Gomez

Idaho Supreme Court

Decided December 9, 1980No. 12820Published

1DissentBistline, Justice

I

PREFATORY REMARKS

In my time on the Court there has not been another case before us with more far reaching consequences than this. One aspect of the appeal has to do with defendant’s claim that the affidavit purporting to support the issuance of the search warrant was insufficient upon which to base the requisite finding of probable cause. I am unable to agree with the Court’s conclusion that it was — which conclusion runs against prior decisions of the Court and against a well settled body of general law, as will be discussed further on. As regards this issue, the Court’s opinion, while it…

2Cases cited44 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Miller v. United StatesSupreme Court of the United States · 1958
  4. United States v. PaynerSupreme Court of the United States · 1980
  5. Sgro v. United StatesSupreme Court of the United States · 1932

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