State v. Anderson

I do not agree with the majority’s reading of Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), and more importantly I do not agree that the scope of the search warrant can be expanded beyond its own language by the language in the underlying affidavit. Nevertheless, I concur in the result because I believe the search warrant was on its face sufficiently broad to allow a search of the fenced enclosure.

I

Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), infuse the Fourth…