MT: Magistrate’s jurisdiction for SW is over place it could be found, not crime

The geographic limitation on magistrates issuing search warrants applies to the location of the evidence sought, not the location of the crime. State v. Grussing, 2022 MT 76, 2022 Mont. LEXIS 319 (Apr. 12, 2022).

The telecommunication records here could be sought by search warrant, and the company did business in the county even if the records weren’t there, so the magistrate had jurisdiction. State v. Warner, 2022 S.C. LEXIS 56 (Apr. 13, 2022).

The former Oregon automobile exception was correctly applied at the time of trial, but what counts is the issue was preserved and the new rule is applied on appeal. State v. Hopkins, 319 Or. App. 53, 2022 Ore. App. LEXIS 639 (Apr. 13, 2022).

While there was probable cause for plaintiff’s arrest, the officer was not entitled to qualified immunity from the claim of excessive force because the force used was not reasonably proportionate to the need for that force. Ingram v. Kubik, 2022 U.S. App. LEXIS 9430 (11th Cir. Apr. 7, 2022).*

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