stating that “in determining whether or not probable cause supported issuance of a search warrant only the information contained within the four corners of the affidavit may be considered” (citing Jacumin, 778 S.W.2d at 432
How later courts described this case
- stating that “in determining whether or not probable cause supported issuance of a search warrant only the information contained within the four corners of the affidavit may be considered” (citing Jacumin, 778 S.W.2d at 432
- holding that a written and sworn affidavit is a prerequisite to the issuance of a valid warrant
- While independent police corroboration can compensate for deficiencies in either prong of this test, “each prong represents an independently important consideration that must be separately considered and satisfied in some way.”
- allowing extrinsic evidence to show that issuing judge properly swore in affiant
Written by the judges who cited it.
The opinion
ORDER ON PETITION FOR REHEARING
A petition for rehearing has been filed on behalf of the appellants. After consideration of the same, a majority of the Court is of the opinion that the petition should be and the same is hereby denied at the cost of appellant.
Justice Birch adheres to the views expressed in his original dissenting opinion in this case.
/s/ Frank F. Drowota, III
Frank F. Drowota, III, Justice
ANDERSON, C.J., and HOLDER, J., concur.
REID, Special Justice, not participating.