finding search warrant invalid because the plain language of 22 O.S. § 1223, requiring a search warrant be supported by affidavit, was not followed
How later courts described this case
- finding search warrant invalid because the plain language of 22 O.S. § 1223, requiring a search warrant be supported by affidavit, was not followed
- finding search warrant invalid because the plain language of 22 O.S. § 1228, requiring a search warrant be supported by affidavit, was not followed
- art. II. § 30 interpreted same as the Fourth Amendment for purposes of determining validity of search warrant
- Parks, P.J., concurring in result
Written by the judges who cited it.
The opinion
LANE, V.P.J., specially
concurring.
I concur in the majority’s decision to adopt the “totality of the circumstances” test of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). However, I am concerned that the opinion of the majority may be misleading when it appears to establish a test for magistrates to find a “fair probability that contraband or evidence of a crime will be found in a particular place.” I recognize that this is language that was used in the Gates decision, but it seems to suggest a lesser standard than I perceive. It should be noted that the Gates court concluded the opinion with the language “It is apparent, therefore, that the judge issuing the warrant had a ‘substantial basis for ... concluding]’ that probable cause to search the Gateses’ home and car existed.” 462 U.S. at 246 , 103 S.Ct. at 2336 , 76 L.Ed.2d at 553 . I think this language a better statement of the test, that is, when considered in the totality of the circumstances, there is a substantial basis for probable cause to believe the contraband or evidence is on the premises.