Bynum v. United States

In respectfully dissenting, I first set forth certain basic propositions concerning search warrants and affidavits in support of their issuance.

The law prefers the police to act on the authority of a warrant. See Aguilar v. Texas, 378 U.S. 108, 110-11, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Jones v. United States, 362 U.S. 257, 270-71, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960); United States v. Lefkowitz, 285 U.S. 452, 464, 52 S.Ct. 420, 76 L.Ed. 877 (1932). Consequently, in a close case, an appellate court is more likely to uphold the validity of a search if the probable cause determination was made…