State v. Hyde

ZLAKET, Vice Chief Justice,

dissenting.

I respectfully dissent. Great care should be taken to avoid mixing facts from the police investigation, the multi-issue pretrial hearing, and the trial itself, thereby cloaking the magistrate’s probable cause finding with more credibility than it deserves. In my view, the record clearly indicates that before the warrant for defendant’s arrest was obtained, the police were unable to develop sufficient evidence upon which to legitimately charge him with, any crime. Because the officers could have presented to the magistrate only that which was known by them…