State v. Pelster/Boyer

The majority takes a disorganized and conclusory affidavit and discovers in it facts and inferences that, the majority believes, are sufficient to show that there was probable cause for the magistrate to issue the search warrant. The majority’s apparent success in panning a few nuggets of gold out of vast beds of gravel, however, depends on two fundamental errors: the majority fails to evaluate the evidence from named informants with the care that our case law requires, and it relies on an essential inference that the state, which is the appellant, expressly repudiated on appeal. When we…