State v. Beaupre

¶72 I concur in Chief Justice Gray’s dissent. As an aside, this is the third time in the last ten years that this Court has been called upon to interpret § 3-10-231, MCA. See State v. Vickers, 1998 MT 201, 290 Mont. 356, 964 P.2d 756; Potter v. Dist. Ct. of 16th Jud. Dist. (1994), 266 Mont. 384, 880 P.2d 1319. In these cases, the evidence that was seized pursuant to search warrants issued by justices of the peace was suppressed because of a failure to comply with the technical requirements of § 3-10-231, MCA.

¶73 Specifically, in Vickers, the acting justice of the peace did not qualify as a…