Category Archives: Neutral and detached magistrate

UT: The fact an electronic warrant application is acted on quickly doesn’t mean reviewing court should be “skeptical” of PC finding

This case started with a cell phone stolen from a customer in a grocery store. The police pinged the phone and it came back as being located at defendant’s house. Police went there to talk to defendant, and he had … Continue reading

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N.D.Ohio: Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it

Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it. The warrant says the affiant did. United States v. Oliver, 2018 U.S. Dist. LEXIS 85865 (N.D. Ohio May 22, 2018). … Continue reading

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Salt Lake Tribune: Warrants approved in just minutes: Are Utah judges really reading them before signing off?

Salt Lake Tribune: Warrants approved in just minutes: Are Utah judges really reading them before signing off? By Jessica Miller & Aubrey Wieber:

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D.S.D.: Issuing magistrate wasn’t a “rubber stamp” for the police by failing to question affiant where PC otherwise shown

The fact the issuing magistrate didn’t question the tribal officer to supplement the affidavit doesn’t make the magistrate a “rubber stamp” for the police conclusion. The affidavit showed probable cause and it was not unreasonable to rely on it. Defendant … Continue reading

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E.D.Wis.: Def didn’t show he was removed from house just so he couldn’t refuse consent

Defendant, a suspect in a shooting, was arrested in his house, handcuffed, patted down for a weapon, and removed to the police station. His girlfriend lived with him and consented to a search of the premises. Defendant could not show … Continue reading

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M.D.Tenn.: Retired cop and current FOP member was still “neutral and detached” non-lawyer magistrate

The court declines to find a retired police officer acting as a non-lawyer judicial commissioner in issuing search warrants was not neutral and detached. His social media and socialization with police and remaining an FOP member aren’t enough, but maybe … Continue reading

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CA10: GFE applies throughout: arguable PC overcomes allegation of lack of neutral detached magistrate, overbreadth, and even staleness

“This case calls for us to apply Leon where the judge who issued the search warrant was arguably not neutral and detached. Although we are unaware of any court applying the good faith exception in such circumstances, it is apparent … Continue reading

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N.D.Ga.: Failure to swear affiant doesn’t void SW; GFE applies despite magistrate’s mere alleged cursory review

The issuing magistrate’s failure to swear the affiant officer is a judicial failure, not a law enforcement failure, and it doesn’t void the warrant, and there was probable cause. Also, the magistrate’s apparently cursory review of the affidavit still made … Continue reading

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PA: Judge disciplined for not being “neutral and detached” in issuing SW, arrest warrant, and OP at request of friend against husband

Judge who issued a search warrant, arrest warrant, and order of protection on the request of a personal friend against the friend’s spouse was not being neutral and detached, and she was disciplined for violating Canon 2A of the Code … Continue reading

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KS: Judge was former ADA who prosecuted def 15 years earlier for fraud; he was “neutral and detached” and could issue SW in murder case unrelated to prior prosecution

(1) The judge issuing the search warrants in this murder case was a former Chief Deputy District Attorney who had prosecuted defendant for financial crimes more than 15 years earlier. That connection was insufficient to show that he was not … Continue reading

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CA8: No REP in public areas of a store; telephonic warrant relied on in good faith; tribal judge not shown to not be neutral and detached because she had spoken out on def’s store

Defendant’s convenience store was arguably open, and he didn’t show that it was closed, for an officer to come in and observe synthetic marijuana for sale. He thus did not have a reasonable expectation of privacy. The officer obtained a … Continue reading

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E.D.La.: Is a USMJ neutral and detached when the target of the search warrant the judge just signed is allegedly having an affair with the judge’s husband but the defense can’t prove the judge knew?

Is a USMJ neutral and detached when the target of the search warrant the judge just signed is allegedly having an affair with the judge’s husband but the defense can’t prove the judge knew? True or not, that has no … Continue reading

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