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To: old curmudgeon; WMarshal
Earlier in the day, there was an article that made it clear that a magistrate can not issue warrants.

The Constitution requires that warrants be issued by a judge. A real judge is a trial judge. A magistrate is not a trial judge.

https://www.law.cornell.edu/wex/search_warrant

Magistrate Judges

Magistrate judges are judicial officers of the U.S. district court appointed by the district judges of the court to handle a variety of judicial proceedings.

They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands.

https://www.law.cornell.edu/wex/search_warrant

A search warrant is a warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.

https://www.law.cornell.edu/wex/search_warrant

Who Can Issue a Warrant?

In numerous cases, the Court has referred to the necessity that warrants be issued by a judicial officer or a magistrate.


89 posted on 08/26/2022 6:53:44 PM PDT by woodpusher
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To: woodpusher

Who Can Issue a Warrant?
In numerous cases, the Court has referred to the necessity that warrants be issued by a judicial officer or a magistrate


OK, thanks for clearing it up.

The judges who are supposed to issue warrants can get around the Constitution by looking at that guy over there....he always wears a nice suit and combs his hair the right way...put a sign on his office door that says “JUDGE” and let him sign them..

Got it.


90 posted on 08/26/2022 7:43:01 PM PDT by old curmudgeon (There is no situation so bad that the federal government can not make worse.)
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