Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: taxcontrol

“Do we really want a beat cop second guessing actual warrants? I would think that the better response would be to go after those that issued the warrant in the first place.”

The problem is that, officers might have been killed in exeucting the warrant, which is too far after the probable cause hearing. Somehow, there should be a period of time to, like you say, attack the warrant, before sending officers into harms way. Perhaps, increasing the penalty for an unlawful warrant, which may cause the issuer to take a HARD second look.


4 posted on 01/31/2022 2:54:07 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: SgtHooper

It is my understanding that search warrants are issued by judges AFTER a probable cause hearing. That would put two people on the hook. The requester of the warrant to provide statements regarding the evidence (which should be sworn statements under penalty of perjury). Which then get reviewed by a Judge for validity and potential criminal activity.

If there is a lie by the requester of the warrant, they should be charged with perjury.

If a judge, relying on the facts presented by the requester, grants a warrant without actual probable cause or actual criminal activity (not just suspicion), then the Judge needs to be removed from office.

just my .02


6 posted on 01/31/2022 3:47:24 PM PST by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
[ Post Reply | Private Reply | To 4 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson