Dale v. State

LUMPKIN, Presiding Judge:

Dissents.

T1 I dissent to the Court's decision to reverse this case and to the Court's disregard of our well established caselaw on search and seizure. This action reflects a desire to legislate public policy rather than adhere to the discipline of applying the doctrine of stare decisis. Our jurisprudence has consistently validated the open fields doe-trine which does not require consent to enter the property when the doctrine applies. Here, the Court disregards that established law to achieve a desired result.

11 2 This Court has always interpreted Article II, Section…