Clark v. State

Dissenting Opinion

Staton, P.J.

I dissent from the majority opinion, since it creates a new “standard” of probable cause for electronic communications. This new “standard” is no standard at all. Its credentials are limited to its form and mode of transmission. If accepted, it makes searches easy. If accepted, it makes a meaningful probable cause standard unnecessary. I can not accept it; therefore, I would reverse the trial court’s judgment with instructions to grant a new trial and to sustain the motion to suppress.

I

Probable Came

A security guard from the Saint Joseph Hospital reported that he…