¶1specially concurring.
¶2[¶ 28] I concur. I write separately only because, as was pointed out in In re TJS v. State, 2005 WY 68, ¶ 9 n. 1, 113 P.3d 1054, 1057 n. 1 (Wyo.2005), our case law concerning the standard for reviewing probable cause determinations in the search warrant context is inconsistent, and I do not believe we should continue to cite the cases that reflect that inconsistency. In juxtaposing the two standards — de novo review and deferential review — in Cordova v. State, 2001 WY 96, ¶¶ 10-11, 33 P.3d 142, 147-48 (Wyo.2001), we very nearly recognized their incompatibility, but in the end, blessed them both. But, “de novo with deference” just does not make sense. In fact, the two concepts are polar opposites.
¶3[¶ 29] I believe it is time to say directly that “deference,” as defined by the federal cases, is the appropriate standard of review under either constitution, and that we are not applying de novo review of search warrant affidavits for probable cause, contrary to what we said in In re TJS. See United States v. Sims, 428 F.3d 945, 954 (10th Cir.2005); United States v. Soderstrand, 412 F.3d 1146, 1152-53 (10th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1478, 164 L.Ed.2d 249 (2006); United States v. Tuter, 240 F.3d 1292, 1295 (10th Cir.2001); and 6 Wayne R. LaFave, Search and Seizure § 11.7(c), at 451-56 (4th ed. 2004) (Supp.2006). Our intent, as we apply these constitutional provisions, is to give guidance to law enforcement officers and issuing magistrates. That goal is best served by establishing and sticking to the standard of review the majority espouses sub silentio today: The duty of reviewing courts is simply to ensure that the warrant-issuing judicial officer had a substantial basis for concluding that probable cause existed. It goes without saying, of course, that such substantial basis must have been contained within the four corners of the affidavit presented with the requested warrant.