State v. Jacumin

OPINION

COOPER, Justice.

The application for permission to appeal was granted to review the finding of the Court of Criminal Appeals that the affidavit, on which a search warrant was issued, “falls short of the constitutional requirement of probable cause to issue the warrant,” even under the totality-of-the-circumstances rule of Gates, 1 and the Court’s action in dismissing all charges against Richard T. Jacumin.

The record shows that a search warrant was issued at 11:35 p.m. on July 14, 1985, authorizing officers of the Metropolitan Police Department to search the dwelling at 3410 Tisdale…