State v. Jenkins

MOYLAN, JR., J.

(retired, specially assigned).

CHARLES E. MOYLAN, JR., Judge (retired, specially assigned).

As if stripping an onion, we are here called upon to peel away layer after layer of judicial review and to lay each under a microscope. In the context of authorizing a search and seizure warrant, it is the warrant-issuing judge who first takes a set of facts, generally set forth in the application for the warrant, and assesses the warrant request for Fourth Amendment reasonableness. Looking over the shoulder of the warrant-issuing judge, however, is a suppression hearing judge. But then…