State v. Rose

I cannot agree that the affidavit supporting the warrant in this case meets constitutional requirements.

The function of the court reviewing the propriety of the action of the judge or magistrate who issues a warrant to search specific premises for contraband is to determine whether there were facts sufficient to justify his independent determination that the contraband was probably in the premises described by the affiants as the place to be searched. Rugendorf v. United States, 376 U.S. 528, 533, 84 S. Ct. 825, 11 L. Ed. 2d 887; Jones v. United States, 362 U.S. 257, 271, 80 S. Ct. 725, 4 L.…