Legal Question in Criminal Law in California

Is it a conflict of interest for the a judge who signed a search warrant to be the judge overseeing the case in which same search warrant is a part of?


Asked on 2/19/11, 11:12 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

No. The magistrate that issues a search warrant is supposed to be neutral and detached. (Grimes v. Superior Court (5th Dist. 1981) 120 Cal.App.3d 582.) Don't you want a neutral and detached judge to be your trial judge?

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Answered on 2/20/11, 9:48 am


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