State v. Graham

¶29 I dissent. This decision will fragment our jurisprudence defining probable cause sufficient to support a search warrant. I would apply the same rules for issuing a search warrant for a residence as I would apply to one’s person, one’s medical records, one’s automobile, and yes, to one’s garage. I would also apply, contrary to what the Court does here, the totality of circumstances test, and common sense.

¶30 Although I emphatically agree with the Court that probable cause to search a detached garage does not automatically translate into probable cause to search a person’s residence on the…