Eaton v. State

I respectfully dissent. As a matter of law none of the facts recited in the state trooper’s lengthy affidavit establishes probable cause to search Eaton’s home. The affidavit does reveal that the trooper was acquainted with defendant’s brother, Wayne Eaton, “from prior drug investigations,” and that it was Wayne Eaton whom Gonzalez followed to the muffler shop. App. at 17. Concerning Willie Eaton the affidavit says he “arrive[d] in a blue vehicle. Willie Eaton then spoke with Wayne Eaton and Gonzalez. Willie Eaton then pulled his vehicle into the service bay.” Id. Thereafter, officers heard…