A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn\u2019t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. LEXIS 71951 (M.D. Ala. Mar. 18, 2024).<\/p>\n\n\n\n
Defendant \u201cargued to the suppression court that this case did not belong in the category of factual scenarios in which a warrantless, information-seeking stop is permissible even absent reasonable articulable suspicion of wrongdoing or a safety threat. \u2026 Having concluded that the officer did have reasonable articulable suspicion justifying the stop, the court explained that there was no reason to address whether the stop could have been permissible even absent that suspicion. Raising that argument did nothing to alert the State or the court of the existence of the issue the Ouellette raises now: that the seizure occurred within the curtilage of Ouellette’s home and was therefore unconstitutional based on the special privacy protections afforded to the home and its curtilage.\u201d This argument is unpreserved, and, on the merits, not developed. There was reasonable suspicion for defendant\u2019s stop. State v. Ouellette, 2024 ME 29 (Apr. 18, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn\u2019t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. … Continue reading