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View Diary: Nope. That's not a violation of civil liberties or anything. (93 comments)

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  •  Have I said (2+ / 0-)
    Recommended by:
    jayden, Johnny Nucleo

    that it shouldn't be allowed?

    The problem isn't that a magistrate can sign off on a search warrant, but there's a fine line between signing off on a search warrant and rubber-stamping one.  Agreeing to sit at the station all night for the purpose of granting search warrants on DWI arrests, at the behest of the police and/or prosecutors, at least gives rise to the suspicion that the magistrate isn't exactly a "neutral" actor here, no?

    (A person can, in fact, be convicted solely on the testimony of the arresting officer, at least in Texas, FYI.)

    28, white male, TX-26 (current), TN-09 (born), TN-08 (where parents live now)

    by TDDVandy on Fri Dec 28, 2012 at 11:08:03 PM PST

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    •  Your entire diary is about how problematic it is. (0+ / 0-)

      Seems to me that the reason they are at the station is a timing thing, so the measurement of the blood alcohol level will be as accurate as possible, but I could be wrong about that.

                          Just my two cents,

                                 Heather

      Torture is ALWAYS wrong, no matter who is inflicting it on whom.

      by Chacounne on Fri Dec 28, 2012 at 11:15:02 PM PST

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      •  The problematic part (3+ / 0-)
        Recommended by:
        suesue, Chacounne, Johnny Nucleo

        is when the magistrate is acting not as a neutral arbiter but as an adjunct member of the law enforcement authorities who requested the warrant.

        It's not to say that the magistrate being at the police station automatically makes that true, but there have been instances in the past in which leaked e-mails indicated that that likely WAS the case.

        28, white male, TX-26 (current), TN-09 (born), TN-08 (where parents live now)

        by TDDVandy on Fri Dec 28, 2012 at 11:31:31 PM PST

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        •  Okay, then those magistrates need to be punished. (0+ / 0-)

          This does not seem to be a systemic problem, although perhaps in some places it is.

                                       Just my two cents,
                                             Heather

          Torture is ALWAYS wrong, no matter who is inflicting it on whom.

          by Chacounne on Fri Dec 28, 2012 at 11:37:28 PM PST

          [ Parent ]

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