Hooper v. State

The original opinion in this cause, prepared by Commissioner Davis, is correct.

Probable cause was stated in the affidavit for the search warrant. The majority does not discuss why it holds that such an arrest is based on a false pretext. This is apparently so because there is no evidence to support such a holding. The writer has always been under the impression that the appellate courts should not act as the fact finder instead of the jury or the trial judge. The trial judge had sufficient evidence before him to conclude that the officers had the right to arrest appellant for operating a…