7 ms·
It helps if you throw around phrases like "based on my training and experience" but yes, there's plenty of judges who act like literal rubber stamps when it com
by zkms 9y ago
It helps if you throw around phrases like "based on my training and experience" but yes, there's plenty of judges who act like literal rubber stamps when it comes to warrants. This is why "due process" doesn't necessarily mean too much, because a lot of the time it's just a case of the law-enforcement agent finding the right judge to show the warrant application to.
- yorwba 9y agoThese systems all really need some kind of feedback loop. E.g. when a judge approves a warrant that is later found to be unjustified, they have to take responsibility. Likewise for not approving a justified warrant, otherwise you might get chilling effects. If both kinds of feedback are present, it should help the judge stay calibrated to an acceptable interpretation of "justified".
- votepaunchy 9y ago> Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally.[1] The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree
- ericcumbee 9y agoIt also does not help that in many smaller counties (at least in Georgia, and I think other places) there is no requirement that the magistrate judge (the Judge that signs off on warrants) has to be a lawyer.