State v. Maguire

I do not agree that the words “Within the past four days a reliable informant told me it had gone to the Mark Maguire apartment . . . .” may reasonably be interpreted to mean that the informant had been in Maguire’s apartment within the past four days. “Deference to the magistrate ... is not boundless.” United States v. Leon, 468 U.S. 897, 914, 104 S. Ct. 3405, 3417 (1984). “Sufficient information must be presented to the magistrate to allow that official to determine probable cause . . . .” Illinois v. Gates, 462 U.S. 213, 239 (1983). Without any information at all concerning the time within…