United States v. John Michael Chester and Robert Byron Watson

I concur in the majority’s opinion in so far as it affirms the conviction of appellant Watson; however, I cannot agree with the portion of the opinion which holds that the magistrate properly determined that the affidavit established probable cause to search appellant Chester’s residence.1 As I read the affidavit, it is totally inadequate to support a finding of probable cause. In my judgment, the rationale of today’s decision is that the magistrate’s mere suspicion can amount to probable cause. I therefore respectfully dissent.

I

The majority recognizes that to uphold the magistrate’s finding…