Category Archives: Neutral and detached magistrate

D.Minn.: USMJ who issues SW doesn’t have to recuse from deciding motion to suppress

The USMJ who issued the search warrant doesn’t need to recuse from deciding on a motion to suppress that warrant. “The Court also concludes that Strieff controls the analysis of Defendant’s challenge to his stop in Rock Island, Illinois. In … Continue reading

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GA: Probate judge could issue SW under state law

It wasn’t a violation of state law that a probate judge signed the search warrant in this case. Joyner v. State, 2018 Ga. App. LEXIS 474 (Aug. 3, 2018). Defendant’s DNA was found on bullet casings, and that was added … Continue reading

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CA9: Def shows issuing magistrate on arrest warrant wasn’t neutral and detached, but he still loses to GFE

The Ninth Circuit recognizes judicial abandonment under the neutral and detached magistrate requirement, but defendant here still loses. The officers arresting him on the warrant weren’t there when the judicial officer failed to read the papers, and they had no … Continue reading

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NY3: Neutral and detached magistrate claim has to be preserved for appeal

Defendant’s claim that the issuing magistrate was not neutral and detached was not preserved for appellate review. And, in any event, it lacks merit because there was plenty of probable cause. People v. Schaefer, 2018 NY Slip Op 05235, 2018 … Continue reading

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NM: State’s DNA collection act const’l under King; def has no interest in whether his DNA might end up tested against a cold case was lawfully collected

The state has an interest in collecting DNA from arrestees, and King is followed. Defendant doesn’t make any credible argument why the state constitution should be applied except that he shouldn’t have his DNA compared to that on file from … Continue reading

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D.Mass.: USMJ’s spouse’s employment as a doctor at a related institution that was a victim doesn’t make her not neutral and detached when she signs SW

The USMJ here was still neutral and detached. The victim of the crime was a non-profit associated with Harvard. Her husband worked as a doctor for hospital associated with Harvard. That wasn’t a close enough relationship to require recusal. United … Continue reading

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MS: Issuing a SW for a person with a similar name a decade earlier didn’t make magistrate not neutral and detached

The fact the issuing judge issued another for a relative a decade earlier didn’t show the judge was not a neutral and detached magistrate. There was probable cause for this search warrant. Donaldson v. State, 2018 Miss. App. LEXIS 303 … Continue reading

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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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