Dixon v. Commonwealth

HUDDLESTON, Judge.

This case presents one question: Is a district court trial commissioner a neutral and detached magistrate capable of issuing search warrants when that commissioner practices law with the county attorney? For the reasons hereinafter set forth, we hold that the answer is “no.”

On May 11, 1991, Sheriff Michael Reilly of Hickman County and Sheriff Will Ben Martin of Carlisle County went to Hickman County Trial Commissioner Sue Ellen Morris for a warrant to search the home of Pamela Sue Dixon and Greer David Dixon Jr. They had received information from an informant that the Dixons…