Clark v. State

I do not agree that the affidavit upon which the warrant to search Clark’s home was based established probable cause. Officer Young’s affidavit omitted critical information and contained false statements. Young admitted on cross-examination that in obtaining the warrant he led the magistrate to believe that the informant made the “hand to hand” purchase at Clark’s residence when in reality the informant never went inside. Young gave no indication in the affidavit that only the unknown driver entered Clark’s home. Young also admitted at the suppression hearing that because officers did not…