Legal Opinion · Dissent

State v. Fisher

Washington Supreme Court

Decided January 28, 1982No. 47839-2Published

1DissentUtter, J.

(dissenting) — The majority, reversing a unanimous Court of Appeals decision, establishes a rule for search warrants that completely fails to meet either the "veracity" or "personal knowledge" components demanded by the Fourth Amendment as interpreted by the United States Supreme Court. This error would be serious if limited to just this case. It is not. The rules we furnish to our lower courts and police officers regarding requirements for search warrants form the basis for frequent daily application. If we furnish erroneous standards, as the majority does in this case, we must bear the…

2Cases cited8 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Jones v. United StatesSupreme Court of the United States · 1960
  3. United States v. HarrisSupreme Court of the United States · 1971
  4. United States v. Lawrence Lee Guinn, Jr.Court of Appeals for the Fifth Circuit · 1972
  5. Fred Armour v. W. D. Salisbury, SuperintendentCourt of Appeals for the Sixth Circuit · 1974

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