NY3: Issuing magistrate misstating his judicial position not reason to suppress

The issuing magistrate’s misnaming his judicial position (city judge v. acting county judge) didn’t make the search warrant void. People v. Mayhew, 2021 NY Slip Op 01807, 2021 N.Y. App. Div. LEXIS 1924 (3d Dept. Mar. 25, 2021).

A “Tag Applied For” plate was a violation of state law and reasonable suspicion for a stop. The driver being OVI and the smell of marijuana in the car justified its search. State v. Bennett, 2021-Ohio-937, 2021 Ohio App. LEXIS 940 (4th Dist. Mar. 19, 2021).*

The government concedes plain error on the findings on the search, but there was no finding on its alternative ground. Remanded to resolve the alternative ground. United States v. Traylor, 2021 U.S. App. LEXIS 8685 (8th Cir. Mar. 25, 2021).*

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