State v. Dove

I concur in the result. However, I do not agree with the broad language of paragraph number 3 of the syllabus. Our holding, as set forth in the opinion, is limited to the principle of law that where a search warrant was based upon an affidavit which does not meet the requirements of the Fourth Amendment to the Federal Constitution, any evidence obtained as a result of the search is inadmissible. The opinion applies the federal constitutional requirements as interpreted by the federal decisions. I agree that the affidavit in this case does not meet the federal standards and, therefore, under…