holding that the actual procurement of a warrant does not preclude use of exigent circumstances to justify a search in the event a warrant fails
How later courts described this case
- holding that the actual procurement of a warrant does not preclude use of exigent circumstances to justify a search in the event a warrant fails
- "[T]he actual procuring of a warrant does not preclude the use of exigent circumstances to justify a search, should the warrant fail."
- affidavit insufficient because it did not indicate wheth er the source of the tip was direct observation or reliable hearsay, it did not indicate a basis for the informant's reliability such as past performance, and it did not explain the nexus between the original tip and the officer's corroborative details
- considering automobile warrant exception
Written by the judges who cited it.
The opinion
ONION, Judge,
dissenting.
I dissent to the remand to the Court of Appeals. The case has already been reversed on other grounds. I would decide the exigent circumstances question here. We needlessly keep too many cases in appellate orbit.