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  1. #1

    Question Who Signs The Warrant?

    My question involves an arrest warrant from the State of: Kansas

    The search warrant was served on my friend, 2 in 2 days, When it got to court it was admitted by the detective that he was the one that signed it..in front of a notary. There is NO judges signature on the search warrant. The guys defense attorney never took thisand ran with it but told my friend to take the plea and live with it or he would no longer defend him. At this time the friend was already out several thousand dollars and had no choice.

    During this search they also took a small child into custody and was immediatly placed with the state. In Kansas a child has got to be in front of a judge in72 hours as well. This child NEVER got to court for 8 months. While he was in states custody he was molested. Whole nuther thread there.

    Shouldnt any and all obtained through this warrant be tossed out with the trash? State of kansas crooked county...I have TONS more! thanks

  2. #2
    Join Date
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    Default Re: Who Signs The Warrant?

    Per the 4th Amendment, a "search warrant" must be signed by a "neutral and detached magistrate".

    I can not recall the case off hand, but have it is my notes, where in one instance a State Attorney General signed a search warrant. It was declared void as he was not a Judge.

    An "ARREST warrant" however, "may" be another matter. The US Supreme court ruled in the 1970's that persons other than Judges can sign arrest warrants for violations of "municipal ordinances", if that is what is was, and your state permits it.

    The only exception I can think of concerning the search warrant is a Judge him or her self gave the officer authorization to sign thier name per voice /electronic communication. I have heard of this procedure.

    Maybe if Carl reads this he can expound.

  3. #3
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    Default Re: Who Signs The Warrant?

    Here is the Attorney General case I mentioned. I checked my book on Constitutional law.


    http://supreme.justia.com/us/403/443/case.html


    Here is the case concerning arrest warrants for municipal ordinance violations.


    http://supreme.justia.com/us/407/345/case.html

    My book states nothing about a proxy signing a search warrant on a Judge's authorization, but in other legal digests I have read, I am fairly sure this is permitted.

    The judge authorizes the warrant and it is "time stamped" basically out of court in the field. When the original affidavit is sumbitted, the Judge then signs it personally!!

    Your attorney can advise on this matter.

  4. #4
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    Default Re: Who Signs The Warrant?

    If no judge approved the search warrant, then your attorney should have little problem suppressing the results of any search.

    I suspect, though, that the search warrant may have been signed at the direction of a judge. Plus, Kansas may have some warrant exception process that permits a warrant to be served prior to judicial review ... I have learned long ago never to say never - there are unusual quirks in many states that I don't quite understand.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
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    Default Re: Who Signs The Warrant?

    Quote Quoting cdwjava
    View Post
    I suspect, though, that the search warrant may have been signed at the direction of a judge. Plus, Kansas may have some warrant exception process that permits a warrant to be served prior to judicial review ... I have learned long ago never to say never - there are unusual quirks in many states that I don't quite understand.

    - Carl
    Carl, are you talking in line of an "Anticipatory search warrant".

    United States v. Loy, 191 F.3d 360 (3rd Cir. 1999).

    As a matter of first impression the Third Circuit Court of Appeals ruled that “anticipatory warrants,” which become effective upon the happening of a future event. are not per se unconstitutional, as long as such warrants meet the Fourth Amendment probable cause requirement and specifically identify in them the triggering event. The court said that, as with all search warrants, there must be a sufficient nexus between the contraband to be seized and the place to be searched, before an anticipatory warrant can he issued.

    This specific case though, the warrant was ruled invalid, but per the ruling they are not "per se" unconstitutional. I do not know if it was appealed to the USSC?

    You have anything in your notes about them??

  6. #6
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    Default Re: Who Signs The Warrant?

    I have heard of them in other jurisdictions, but not mine. The closest we get to them are Ramey Warrants. Though Texas has a thing called a "pocket warrant" and I would not be surprised if other states have some similar processes. While it sounds like it could be a bad warrant, I hesitate to say so categorically without knowing the other side of the equation.

    A challenge to the validity of the warrant will have to be made in court, and the information presented for a judge to make an appropriate ruling.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7

    Default Re: Who Signs The Warrant?

    So now I see the friend has been totally violated (as have others in this county) Where do we find a civil rights attorney? The attorney in this case just sold him out and advised my friend to take the plea bargain. My friend wanted to tell the att. NO but the friend was out of cash and in to this lawyer way to deep to do much about changing.

    This case is only the tip of the ice berg in this county. We have written to everyone we can think of and get no response or the "OH WELL" response. We have the paper trail and have done a big load of the investigations, made copies and everything we know to do. We have written to the Attorney General, Attorney Disciplinary Comm. We keep getting stone walled and we know we have to get someone from out of this state because of some of the "players" in some of the cases.

    If anyone is intrested in knowing more please feel free to private message me. Thank you all so very much.

  8. #8
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    Default Re: Who Signs The Warrant?

    Quote Quoting cdwjava
    View Post
    I have heard of them in other jurisdictions, but not mine. The closest we get to them are Ramey Warrants. Though Texas has a thing called a "pocket warrant" and I would not be surprised if other states have some similar processes. While it sounds like it could be a bad warrant, I hesitate to say so categorically without knowing the other side of the equation.

    A challenge to the validity of the warrant will have to be made in court, and the information presented for a judge to make an appropriate ruling.

    - Carl
    I agree on it's surface unless some hidden facts are unknown to validate it??

    I am familiar with the "pocket warrant" it is mentioned in Kaupp: I was familiar with this case when it came out.


    http://supct.law.cornell.edu/supct/h...6.ZPC.html#FN1


    As I read it, the SC effectively struck down these types of warrants for question.

  9. #9
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    Default Re: Who Signs The Warrant?

    Quote Quoting LipsAhoy
    View Post
    So now I see the friend has been totally violated (as have others in this county) Where do we find a civil rights attorney? The attorney in this case just sold him out and advised my friend to take the plea bargain. My friend wanted to tell the att. NO but the friend was out of cash and in to this lawyer way to deep to do much about changing.

    This case is only the tip of the ice berg in this county. We have written to everyone we can think of and get no response or the "OH WELL" response. We have the paper trail and have done a big load of the investigations, made copies and everything we know to do. We have written to the Attorney General, Attorney Disciplinary Comm. We keep getting stone walled and we know we have to get someone from out of this state because of some of the "players" in some of the cases.

    If anyone is intrested in knowing more please feel free to private message me. Thank you all so very much.
    On it's surface, it appears your rights may have been violated?? However, as Carl points out, we are not in on all the inside details.

    If there was a conviction an appeal needs to be timely filed.

    If you believe your constitutional rights were violated, you need to voraciously seek out an attorney who specializes in Constitutional law to review the facts. Try the ACLU.

    I don't what other advice or thoughts I can give at this time.

    Good luck.

    BOR

  10. #10

    Default Re: Who Signs The Warrant?

    On the same said warrant the detective signed in front of a notary, that same warrant has a filed date 2 days after it was served. The lead detective in the case, that signed it, also lost a clip board with his daily notes. (The trascripts from the court on his testimony idicates HE HAS NO CLUE for a person that has been in this business for over 20 years). He didnt have his papers in his file, he couldnt recall most things, he was unsure and he stuttered a lot over several questions.

    The clip board was left somewhere and where it went no one really knows, but that detective came back to the residence everyday for 3 days looking for it. The items seized at the scene (reciept) he said in court was the original but it did not match the one he had left from the original search. Close but not a match.

    We have tried the ACLU and several other places for someone to look at all the paper work we have on about 4 cases and no one seems to care. We are not a minority so we are of no intrest to the ACLU.

    When the attorney for the defendant was first contacted the att. said NO PROBLEM plead not guilty to everything we can get it thrown out. When it got to the court the same attorney said YOU HAVE TO PLEA to the misdmeanor or I will not represent you for NO AMOUNT of money. Defendant had already paid said attorney over $3000.00.

    I did read the sites you folks posted and they were very helpful and I forwarded them on to the persons involved. Now we are back to looking for an attorney. Thanks

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