MS: Issuing a SW for a person with a similar name a decade earlier didn’t make magistrate not neutral and detached

The fact the issuing judge issued another for a relative a decade earlier didn’t show the judge was not a neutral and detached magistrate. There was probable cause for this search warrant. Donaldson v. State, 2018 Miss. App. LEXIS 303 (June 19, 2018).

The officer’s generalized belief that defendant probably was speeding wasn’t enough. “Because Reserve Officer Dolan could not testify regarding the speed of Marshall’s vehicle in more specific terms, we hold he did not have specific articulable facts to support his initiation of a traffic stop, and therefore the traffic stop violated Marshall’s Fourth Amendment rights. See L.W. v. State, 926 N.E.2d 52, 59 (Ind. Ct. App. 2010) (officer did not have reasonable suspicion to conduct investigatory stop of L.W. and thus the stop violated L.W.’s Fourth Amendment rights), reh’g denied.” Marshall v. State, 2018 Ind. App. LEXIS 219 (June 20, 2018).*

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