Replies

This is interesting, about their subpoenaing the judge.

I can't believe there would be a law in CA that would require a court reporter to be present during proceedings to get a warrant. Such proceedings are allowed to be held ex parte, and having to have a court reporter present would just about defeat the utility of that. Furthermore, getting warrants is often an emergency matter (they might have to get a warrant in a hurry, say, b/f someone destroyed some evidence in a house), and this would make them have to dig up a court reporter, which would take time and might jeopardize the safety of other potential victims of the suspect the police were getting the warrant against.

I mean, the defense might just as well be saying, "you have to notify the suspect of all you are doing to get a warrant against him or his property." What the heck good would a warrant BE, if the suspect were notified about its details ahead of time??

I think the judge/magistrate is there to protect the rights of the suspect, and that in general, that should be trustworthy enough. B/C the judge/magistrate who hears or reads the stated grounds for the warrant is definitely supposed to be an impartial judge/magistrate, who is not in any way on the side of the police. I think that was the way lawmakers decided to try to protect the rights of suspects, while still allowing the police to conduct their investigations with the secrecy required not to tip their hand and allow suspects to flee or destroy evidence.

So I am thinking of about 100 different ways that this subpoenaed judge probably will think of, to quash that subpoena they are serving him with.

I can't believe there would be a law in CA that would require a court reporter to be present during proceedings to get a warrant. Such proceedings are allowed to be held ex parte, and having to have a court reporter present would just about defeat the utility of that.

How is it normally done? I know the proceeding is transcribed at some point. Can the judge or LE use a tape recorder and have the proceeding transcribed at a later date by a court reporter?

"I can't believe there would be a law in CA that would require a court reporter to be present during proceedings to get a warrant."

I know here in NC where my son is LE and hubby is retired LE that the magistrates do warrants all the time w/o any court reporter.
You'd have to have a court reporter on duty 24/7 if things were done that way.