[fountainofage]

The issue is: the evidence they gathered was that her home was specifically NOT part of any drug rings. The judge went ahead and issued a warrant even though all actual evidence said her house was not involved. Cops lied and said it totally was, and the judge just said "sure thing bros, we're all such buds."

My point is just because a judge issues a warrant doesn't actually mean anything at all. It has the same factual basis as me saying the sky is actually made of M&M's and judge granting a decree that it must be true because I said it.

[tptacek]

Aren't magistrate judges supposed to take the police's word for this? You can't have an adversarial process for getting a search warrant. The remedy for broken warrants happens at trial, with motions to exclude evidence.

There was grave misconduct in the Taylor case! Police shouldn't routinely be assaulting homes with weapons drawn. My issue is just the process you're describing here.

[fountainofage]

I'm mainly commenting on the way up parent here:

"They got a warrant. Judges aren't going to issue a warrant based on asking a bunch of people if they sent a message."

Judges absolutely issue warrants all the time just for the hell of it. The very up parent seems to be indicating that some sort of due process was done because "oh, a judge issued a warrant" and I'm emphatically stating: a judge issuing a warrant means as much as me saying the sky is made of M&M's - just the ravings of irrelevant madmen in the face of actual facts.

Edit: I will say - the warrant process should absolutely be adversarial. Justice is to be blind. Which means if a crackhead and a cop come to a judge and requests the legal authority to break into a home with lethal force, the judge should weigh both requests the same. That's the intent of our legal system - the executive does what it thinks it's supposed to do in light of what the legislative has passed, while the judicial watches them to make sure they don't screw up.

Instead they all get together as buddies and stomp their collective boots into the skull of their fellow citizens.

[windexh8er]

> Aren't magistrate judges supposed to take the police's word for this?

No. They have to convince a judge who is neutral in the matter. They have to have probable cause the criminal activity has/is occurring at the stated location the warrant is requested to be issued for. And the officers are under oath for this process, yet we see very few repercussions for a breakdown in this process. The affiant is open to persecution for perjury. The officers in the Taylor case lied by listing her and two others on the warrant. [0]

It's not an adversarial process, it's one of fact based decision making. Why would the judge blindly trust or mistrust the officer? The judge should trust the facts being presented are true, but that doesn't constitute a rubber stamp. And, as stated, if said officer lies about that evidence they should be prosecuted appropriately. Facts are often questioned to ascertain validity, that clearly did not happen in her case.

[0] https://www.wave3.com/2020/05/12/breonna-taylor-shooting-war...

[dragonwriter]

> The remedy for broken warrants happens at trial, with motions to exclude evidence.

But merely broken (if not fraudulently obtained) warrants aren't a basis for excluding evidence, because of the good faith exception to the exclusionary rule.

[ClumsyPilot]

> "Aren't magistrate judges supposed to take the police's word for this?"

What do you imagine is the point of having one? It's to hold police accountable and Judge if what he/she being told is potentiality total BS.