In these related interlocutory appeals, the motion judges suppressed weapons – allegedly involved in crimes in both counties – seized after a motor vehicle stop. The court determined the first motion judge improperly invalidated the arrest warrant that precipitated the seizure by: viewing a video that was not seen by the issuing judge; excising the statement that related to the video; and concluding the affidavit no longer supported probable cause, without conducting an evidentiary hearing.
While that suppression motion was pending, the parties in the other county urged the judge to adjourn defendants' identical suppression motion, pending the first motion judge's decision. Thereafter, the second motion judge properly granted defendants' motion based on the collateral estoppel doctrine. Because the court determined the first judge improperly invalidated the arrest warrant – and the second judge correctly concluded the collateral estoppel doctrine applied to the suppression motion before him – the court was compelled to vacate the second judge's suppression order.
The court remanded both matters for further proceedings.
