State v. Holloway

Judge Hedrick

dissenting.

I agree with that part of the majority opinion which concludes that the Deputy Clerk had probable cause to issue the search warrant, and that the trial judge did not err in denying defendant’s motion to suppress the evidence seized pursuant to a search of the basement of the building described in the warrant. I strenuously disagree, however, with the majority’s holding that the trial judge erred in not requiring the issuing magistrate to answer, “even for purposes of the record on appeal,” whether she had “any type of social relationship with any of the officers.”…