State v. Carlson

Judge LANSING,

Dissenting.

I respectfully dissent. In my view, the majority opinion ignores several features of the warrant affidavit which, when examined in light of controlling constitutional standards, render the affidavit insufficient to show probable cause. These important elements include the anonymity of the informant, the omission of the age of some of the information provided by an officer, and the inclusion of unsubstantiated rumor and suspicion.

In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the United States Supreme Court adopted a “totality of the…