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Criminal Procedure Keyed to Miller
State ex rel. Eustace Brown v. Jerry Dietrick
Citation:444 S.E.2d 47 (W. Va. 1994)
Magistrate Boober was married to the chief of police. She issued a search warrant to one of her husband’s officers. The lower court held that the warrant was void because the magistrate had violated Canon 3C(1) of the Judicial Code of Ethics, which requires the recusal of a judge whose impartiality may reasonably be questioned and demands the disqualification of a judge whose spouse has an interest in the proceeding. In addition to the Judicial Code of Ethics, the Fourth Amendment requires that a search warrant be issued by a neutral and detached magistrate.
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