May Department Stores Company, Inc. v. Devercelli

Despite our protracted deliberations and efforts for agreement which have now produced the majority opinion, I am constrained promptly to express my dissent. Clearly, as in a criminal case, the issue of probable cause is a question of law for the court to determine when there are no material issues of fact. There are, in my view and with all deference to the majority, no material issues of fact on the question of probable cause reflected in this record. The effort by the majority to demonstrate factual *776conflicts and then elevate them to the level of materiality results, I suggest, from a…