State v. Brown
Annotate this CaseThese three consolidated cases arose out of the same set of facts and raised identical issues. Pursuant to a search warrant issued by a probate judge, which gave law enforcement permission to search a business for evidence of illegal gambling, more than thirty video slot machines were confiscated, giving rise to charges filed against Defendants, who were operating the business. Defendants moved to suppress the evidence, asserting that the search warrant was void because probate judges do not have the statutory authority to issue a criminal search warrant. The trial court agreed with Defendants and granted the motions to suppress the evidence gathered to the tainted warrant. The court of appeals reversed, holding (1) the probate judge did indeed lack authority to issue a search warrant; but (2) the police officers acted in good-faith reliance on the warrant under United States v. Leon. The Supreme Court affirmed, holding (1) a probate judge does not have the authority to issue search warrants in criminal matters; and (2) the good-faith exception to the exclusionary rule set forth in Leon applies in these cases.
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