Merry v. State

Though I agree that this case must be reversed due to the insufficiency of the evidence supporting the search warrant, I disagree with the majority’s analysis of the proper standard to be applied. For the reasons stated in Dixon v. State, 737 P.2d 942 (Okla.Crim.App.1987), I believe that the “totality of the circumstances” test of Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) applies to search warrant validity claims under both the U.S. Constitution and the Oklahoma Constitution. In light of this Court’s holding in Warthen v. State, 557 P.2d 466 (Okla.Crim.App.1976),…