In Utah, one judicial district destroyed search warrant papers and let the police be the repository of all search warrant papers. The Utah Supreme Court granted an extraordinary writ against the local courts ordering that they must keep the records to protect the integrity of the warrants and supporting papers. Anderson v. Taylor, 2006 UT 79, 2006 Utah LEXIS 213 (December 5, 2006):<\/p>\n
[*P21] The issues raised by this petition are similar to those that confronted this court in In re Criminal Investigation<\/em>. In that case, this court faced myriad challenges to the constitutionality of the Subpoena Powers Act. 754 P.2d at 636. Among those challenges was the claim that the Act failed to provide for adequate records of subpoenas issued pursuant to the Act. Id. <\/em>at 644. While acknowledging that the Act did not include a provision expressly requiring the maintenance of investigatory records, the court relied on various provisions of the Act suggesting that the legislature had anticipated detailed record-keeping. Id.<\/em> at 653. The court further noted that adequate records were necessary in order for the courts to fulfill their constitutional role of protecting against abuse of subpoenas issued under their authority. Id.<\/em> The court then called upon its inherent supervisory authority to require that all investigations under the Act be fully documented and that “such documentation . . . be maintained by the district court authorizing the investigation.” Id.<\/em><\/p>\n
[*P22] We adopt a similar approach here. Giving law enforcement sole custody of all affidavits and warrants up through the point where the warrant has been executed and a return filed is inherently problematic for at least two reasons. First, it leaves the court without any record of the subpoena or the materials supporting its issuance until after the subpoena is executed and a return filed. Second, it allows for the possibility that affidavits and other court records may be mishandled or even altered without detection. When the records upon which the magistrate acts in issuing a warrant are handled by persons other than court personnel prior to being filed with the court, the court has no basis for confidence in the accuracy, authenticity, or completeness of those documents. In the matter of warrants for the search and seizure of persons or property, more is required. We accordingly require that magistrates issuing search warrants retain in their custody copies of all search warrants issued, as well as the material supporting search warrant applications, rather than surrendering to law enforcement the only copies of such material.<\/p>\n
[*P23] To ensure the integrity of our court records, we have concluded that the courts of this state must retain copies of all search warrants and supporting material. Nevertheless, we are without the information necessary to prescribe the particular procedures to be followed in maintaining and disclosing such records. Those particulars are best addressed by study and examination in the context of our rule-making process. We therefore refer those particulars to our Advisory Committee on the Rules of Criminal Procedure for further consideration.<\/p><\/blockquote>\n
Officer acting on another’s information was correct in making a stop, but, without the other officer testifying at the suppression hearing, there is no way to determine whether there was reasonable suspicion for detaining the defendant. The state had to justify the actions of the officer in court, and it was not the officer’s fault. People v. Moorman, 369 Ill. App. 3d 187, 307 Ill. Dec. 428, 859 N.E.2d 1105 (2d Dist. November 29, 2006, released for publication January 19, 2007).*<\/p>\n
IAC allegation that defense counsel was ineffective for not filing a motion to suppress on lack of apparent authority of another to consent to the search that led to evidence in his case did not show that the motion would have been successful, so petitioner cannot prevail. State v. Stringer, 949 So. 2d 464 (La. App. 3d Cir. 2006, released for publication January 4, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading