Hardin v. State

Statement Concurring in Result

Prentice, J.

I concur in the result reached by the majority, because the record reflects that the police did, in fact, *642have probable cause to set the trap in which the defendants were caught. I do not agree at this time, however, that the requirement of probable cause should be eliminated; and I especially believe that it is unwise to overrule established case law by reaching out for issues not required to be decided in the case at hand. Such unnecessary activism, in my opinion, is subject to criticism as an intrusion upon the legislative prerogative and as destabilizing to our case law.

Note. — Reported at 358 N.E.2d 134.