State v. Villagran

The majority strikes down the warrant because the affidavit did not establish probable cause to believe the underground house on Cal Henry Road would contain evidence of the crime of manufacturing a controlled substance. I disagree and therefore dissent.

In reviewing the decision of a magistrate to issue a search warrant, we are guided by well established principles. First, there is a general preference in the law for warranted rather than warrantless searches. As the United States Supreme Court said:

“* * * Although in a particular case it may not be easy to determine when an affidavit…