McClintock v. State

Alcala, J., filed a dissenting opinion in which Walker, J., joined.

In contrast to this Court's refusal to grant the motion for rehearing filed by Bradley Ray McClintock, appellant, I would instead grant his motion and rehear the case. On original submission, this Court held, for the first time, that when a magistrate and search-warrant affiant believe that a warrant is being issued based upon probable cause under the existing law, but they are reasonably wrong about the existing law due to this Court's mistaken statements about the law, then the evidence need not be suppressed. See McClintock…