dissenting:
I respectfully dissent because, even when the affidavit is redrafted to exclude the false information and take into account the omitted “alibi,” sufficient evidence exists to support a reasonable finding of probable cause.
Under the Gates test, probable cause exists if a reasonable person would conclude “that the items sought are connected with criminal activity and that they would be found at the place to be searched.” State v. Carter, 145 Ariz. 101, 110, 700 P.2d 488, 497 (1985). The majority admits probable cause to believe that the seized items would be found in the search, but refuses to acknowledge that the items sought are connected with criminal activity because it believes (1) that Buccini’s “alibi” negates any basis to think he was responsible for the bombing, and (2) that the gunpowder and fuses in question are not “inherently criminal.”
Buccini’s explanation of his whereabouts, however, is not an alibi. “Alibi” is a Latin term meaning “elsewhere” or “in another place.” State v. Hubbard, 351 Mo. 143, 151, 171 S.W.2d 701, 706 (1943). In a criminal proceeding, “alibi” refers to a defense or plea that the defendant was at a different place so remote or under such circumstances that he could not have committed the charged offense. Black’s Law Dictionary 71 (6th ed. 1990).
At the time the investigating officer submitted the oral, telephonic affidavit requesting a search warrant, the police believed that the bomb exploded on May 8 around 12:30 a.m., about the same time that Buccini, according to the redrafted affidavit, arrived at his parents’ house after leaving the Harp and Shamrock Bar. This information does not foreclose all probability of guilt, but instead suggests that Buccini had the opportunity to plant the bomb on his way to see his father and sister. The redrafted affidavit simply confirms the investigating officer’s beliefs expressed in the original affidavit; Buccini was in fact “out around at night at the time of the bombing” and “did not have any other” witnesses who could account for his actions from the time he left the bar, which is located near the victim’s residence, until he reached his parents’ house. The majority cannot assume, therefore, that the magistrate would have altered his ruling had the police recounted Buccini’s story in more detail.
A reasonable person could have also concluded at the time the search warrant was issued that at least some of the items seized in the consent search were illegally possessed, and therefore connected with illegal activities. The process of reloading ammunition does not require cannon or safety fuse. Such fuse is purchased and used with one purpose in mind — triggering explosive devices. The manufacturing and possession of small fireworks, not to mention the more powerful bleach/mothball charges and grenade simulators described in the redrafted affidavit, are strictly regulated under Arizona statutes. See A.R.S. §§ 36-1601 to -1608 (prohibiting the sale, use, or possession of any fireworks); §§ 13-3101 to -3104 (prohibiting the making and possession of “prohibited weapon[s],” including explosives, bombs, grenades, or a combination of materials designed or intended for use in making or converting a device into a prohibited weapon). Buccini does not claim an authorized *561or permitted use under municipal, state, or federal laws. See §§ 36-1605, 13-3102(C)(3). In short, we are not dealing with a gun-owner who simply reloads ammunition for a hobby. Rather, we have, at the very least, an explosives enthusiast who not only collects demolition paraphernalia, but enjoys improvising and setting off illegal bombs.
By dissenting, I do not condone any police officer’s attempt to sway a magistrate’s probable cause determination with false statements or material omissions. At this juncture, however, the propriety of the officer’s conduct is immaterial. When the court finds, as in this case, that an affiant knowingly, intentionally, or recklessly included a false statement or omitted relevant facts, the issue becomes whether the false or omitted information was necessary to the finding of probable cause. Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 2676, 57 L.Ed.2d 667 (1978).
Here, the omitted “alibi” information and the statement that Buccini appeared “in a hurry” during the consent search were not necessary to the magistrate’s ruling. As the court of appeals correctly reasoned, “[t]he bombing, the note left on the victim’s vehicle, and the victim’s prior encounter with Buccini, together with the powder and fuses found during the consent search, were alone sufficient to support the issuance of the warrant.” State v. Buccini, 165 Ariz. 108, 110, 796 P.2d 910, 912 (App.1990) (emphasis added). I believe we should reserve for a more appropriate case the issue of whether the police should verify an alleged alibi before seeking a search warrant.
APPENDIX A
SEARCH WARRANT AFFIDAVIT
On May 8th at 0030 hours a pipe bomb was placed in the garage of a Howard Moore on 9086 E. Holmes. The device was detonated causing damage to the garage and the victims’ vehicle. Also attached to the car window was a note which stated to “drop it.” An interview with Mr. Moore revealed that on March 31, 1988 he was involved in an accident with a Richard Buc-cini. Buccini insisted on paying for the damage so that he would not lose his job as a chauffeur-driver for Canyon Ranch Resort. Police were called anyway and a report was made. On May 12, this day, at 1130 hours I made contact with Richard Buccini at his residence. He invited me in and I interviewed him regarding this incident. He stated that he was on probation at Canyon Ranch Resort where he works because of the accident he was involved in as well as another vehicle accident that occurred a week after the March 31 accident. He also stated that he was out around at night at the time of the bombing and did not do it but did not have any other people to provide an alibi where he was at. I asked him if he would sign a consent to search form which he did at 1230 hours.
During the search I found gun powder, safety fuse and green cannon fuse which was consistent with the fuse used on the explosive device found at the garage area. While searching he stated that he got the items such as the cannon fuse to make an improvised explosive device using bleach and mothballs which he had learned in a publication and with a friend of his at Canyon Ranch. He also stated that he received some military paraphernalias [sic] and explosives from a Carl Weisel who last year the Tucson Police Department in conjunction with the FBI conducted an investigation in which he was found in possession of military ordinance [sic] and explosives. Those were also confiscated. While searching the residence Mr. Buccini was definitely in a hurry and was inferring that I leave the residence so that he could go to work at 1400 hours. The search was concluded and the items aforementioned were seized. A complete search was not done of the residence or the vehicle. It is believed that the evidence may be concealed or destroyed if not searched immediately.
APPENDIX B
TRIAL COURT’S ORDER
THE COURT FINDS that the statement in the affidavit that the defendant “did not have any other people to provide an alibi *562where he was at.” is false. THE COURT FURTHER FINDS that the affidavit should have included the information that the officer had at the time which was that defendant had stated he was at the “Harp and Shamrock Bar” during part of the time in question and that he had listed alibi witnesses including Dwayne Nanna, among others. Furthermore, the officer should have listed that the defendant had, at approximately 12:30, gone to his parents’ home and that his father and sister had noted his presence in the residence at that time.
THE COURT FURTHER FINDS that with the deletion of the false statement and the inclusion of the alibi statements, that the Judge would have been prompted to inquire further of the police officer as to his investigative efforts with regard to verifying the presence of the defendant with the alibi witnesses.
THE COURT FURTHER FINDS that the inclusion of the implication that the defendant was rushing the police officer in his search was incorrect. Rather, the officer should have included a statement that the defendant was, in fact, cooperating with the officer throughout the voluntary search, and that it was the officer who concluded the search based on his own knowledge that the defendant had to go to work that day.
Accordingly, THE COURT FINDS the remaining affidavit is insufficient to show probable cause and
IT IS ORDERED suppressing all fruits of the illegal search.
Minute Entry, March 29, 1989.
APPENDIX C
REDRAFTED SEARCH WARRANT AFFIDAVIT
On May 8 at 0030 hours a pipe bomb was placed in the garage of a Howard Moore on 9086 E. Holmes. The device was detonated causing damage to the garage and the victim’s vehicle. Also attached to the car window was a note which stated to “drop it.” An interview with Mr. Moore revealed that on March 31, 1988 he was involved in an accident with a Richard Buccini. Bucci-ni insisted on paying for the damage so that he would not lose his job as a chauffeur-driver for Canyon Ranch Resort. Police were called anyway and a report was made. On May 12, this day, at 1130 hours I made contact with Richard Buccini at his residence. He invited me in and I interviewed him regarding this incident. He stated that he was on probation at Canyon Ranch Resort where he works because of the accident he was involved in as well as another vehicle accident that occurred a week after the March 31 accident. He also stated that he was out around-at-night at the time of the bombing and-did- not do it but did not have -any other people to provide- an- alibi where he was at. He stated that he was at the Harp and Shamrock Bar on the night of the bombing, and named witnesses who could verify this, including Dwayne Nanna, among others. He also stated that he went to his parents’ home at approximately 12:30 and that his father and sister had noted his presence in the residence at that time. I asked him if he would sign a consent to search form which he did at 1230 hours.
During the search I found gun powder, safety fuse and green cannon fuse which was consistent with the fuse used on the explosive device found at the garage area. While searching he stated that he got the items such as the cannon fuse to make an improvised explosive device using bleach and mothballs which he had learned in a publication and with a friend of his at Canyon Ranch. He also stated that he received some military paraphernalia and explosives from a Carl Weisel who last year the Tucson Police Department in conjunction with the FBI conducted an investigation in which he was found in possession of military ordnance and explosives. Those were also confiscated. While searching the residence Mr. Buecini-was-definitely in a hurry-and was inferring that I leave the residence-so -that -he-could go to work at ■1400 hours. The search was concluded and the — items—aforementioned—were—seized, Buccini was cooperative throughout the search. I concluded the search because I *563knew that Buccini had to go to work at 1400 hours. The aforementioned items were seized. A complete search was not done on the residence or the vehicle. It is believed that the evidence may be concealed or destroyed if not searched immediately.