Cruse v. State

MATTHEWS, Justice,

concurring.

The majority opinion finds fault with the prosecutor and the police for omitting the information gained from the questioned search from the affidavit supporting the request for a warrant. At the same time the opinion relies on the omission as a demonstration that the warrant was based on untainted information. I agree that the warrant was not issued as a result of the arguably illegal search, but I am not prepared to criticize the prosecutor and the police for filing an affidavit which did not set forth the information which was gained in that search. That was done to eliminate any contention that the warrant was the product of illegal conduct. This tactic has obviously succeeded and I see nothing wrong with it.