AZ: Challenging neutral and detached magistrate requires showing “systemic or patent partiality”

“In the appeal, Macias argued against the application of the good-faith exception, claiming that the magistrate’s conduct showed he had abandoned impartiality or was unable to act in a neutral and detached manner. … However, to warrant exclusion of the evidence on this basis, the magistrate’s conduct must exhibit ‘systemic or patent partiality’ such that ‘the police knew or should have known that the magistrate was acting as a ‘rubber stamp’ for a police investigation.’ … This court held that Macias had proffered no evidence suggesting the issuing magistrate displayed systemic partiality toward law enforcement that would justify the application of the exclusionary rule.” Defendant’s post-conviction claim defense counsel didn’t properly investigate whether the issuing magistrate was neutral and detached fails for no systematic showing. State v. Macias, 2020 Ariz. App. LEXIS 623 (June 25, 2020).

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