State v. Hall

I believe that the affidavit, if read in a common sense, nontechnical manner, adequately establishes the informants’ basis of knowledge under Spinelli v. United States, 393 US 410, 89 S Ct 584, 21 L Ed 2d 637 (1969), and Aquilar v. Texas, 378 US 108, 84 S Ct 1509, 12 L Ed 2d 723 (1964). Thus, I do not agree with the majority’s conclusion that the trial court properly suppressed the evidence. Accordingly, I dissent.

This case turns on what is, or is not, stated within the four corners of the affidavit. In our evaluation of that document, we should be mindful of two well-accepted and significant…