People v. Payne

The issue in this case is whether a valid search warrant may be issued by a district court magistrate who is also a deputy sheriff. The circuit court concluded that the warrant was invalid, but the Court of Appeals reversed. We agree with the circuit court and reverse the decision of the Court of Appeals.

I

The defendant is charged in a four-count information with two counts of unlawfully driving away an automobile1 and two counts of receiving and concealing stolen property.2 Two vehicles are involved, with alternate charges of udaa and receiving and concealing as to each. The evidence against…