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The issue does not often arise today with the monitoring of telephone conversations because when a law enforcement authority wants to see a list of telephone calls made by a suspect, the agent gets an order from a magistrate, presents the order to a telephone company, and the company then turns over the list.
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On Dec. 29, the town sheriff, the town clerk and two magistrates presented the Remonstrance to Stuyvesant's colonial government, and were promptly arrested (and shortly thereafter, released).
The magistrate judge present at the bedside arraignment later advised Mr Tsarnaev of his rights and of the charges against him.
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The strip also confuses federal with magistrate courts and presents a courtroom scenario that would never occur in real life.
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When, near the end of David Copperfield, the protagonist is given a tour of a new model prison by his former schoolmaster Creakle (now transmogrified into a Middlesex magistrate), he is presented with the two most exemplary prisoners, in adjacent cells.
"There has been a sealed complaint filed," said Gary Wente, circuit executive for the U.S. Courts for the First Circuit, who said a magistrate judge was present when Tsarnaev was charged at his bed in Beth Israel Deaconess Hospital in Boston.
'If the fact and results of such a surveillance had been appropriately presented to the magistrate, this would, of course, present an entirely different case.' 378 U.S., at 109, n. 1, 84 S.Ct. at 1511.
Officer Strickland merely testified that 'we wanted to set up surveillance on the house.' If the fact and results of such a surveillance had been appropriately presented to the magistrate, this would, of course, present an entirely different case.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com