DoTD points to U.S. v. Lucas, 05-2165 (8th Cir., June 16, 2006), which holds that a warrants issued by a state Director of Corrections, pursuant to a statute allowing him to issue warrants for escaped prisoners are invalid, because the 4th amendment requires that they be issued by a “neutral and detached” magistrate. Therefore another conviction of the escapee (based on stuff found in the home during the search incident to the arrest) fails. Despite the fact that this case is based on state law, it does delve into the rather hoary separation of powers issues regrading who can issue warrants under the 4th. The court concludes:
Because the Corrections Director is a member of the executive branch and accountable directly to the Governor, he is not a neutral and detached magistrate for purposes of issuing arrest warrants. Therefore, the "Warrant of Arrest" signed by the Corrections Director was not a valid arrest warrant.
And, the good faith exception doesn’t apply “when the individual who issued the warrant is not neutral and detached.”
One remaining point: could he make this 4th amendment argument at his trial on the escape charge?