Legal Opinion · Dissent

State v. Belmontes

South Dakota Supreme Court

Decided August 23, 2000No. NonePublished

1DissentGilbertson, Justice

[¶ 34.] I would affirm the trial court’s denial of the motion to suppress evidence seized pursuant to the search warrant in this case based upon the good faith exception to the exclusionary rule. Initially, I agree with the Court’s determination that the affidavit in support of the search warrant in this case was deficient because it failed to show a basis for West’s belief in the informant’s reliability or corroboration of the informant’s information by personal observation or other research. The key language in the affidavit referring to the informant simply states: “[t]he information was…

2Cases cited19 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. United States v. Kenneth Eugene AllenCourt of Appeals for the Sixth Circuit · 2000

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