State v. Douglas J. Finkle, Sr.

¶ 30. Because I find the confidential informant's (CI's) statements fail to satisfy the legal standard of credibility or reliability, and because I find the affiant officer neither credible nor reliable, I would hold that the search warrant was not supported by probable cause and grant defendant's motion to suppress the challenged evidence.

¶ 31. As the majority explained above, when the finding of probable cause is based upon hearsay incorporated into an affidavit, we apply the two-pronged test from Aguilar v. Texas, 378 U.S. 108, 114-15, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v.…