Sentence examples for neutral magistrate from inspiring English sources

We limit the state's ability to search and seize to specific places and things that a neutral magistrate believes it is reasonable to allow.

But the president is not a neutral magistrate, and the Fourth Amendment does not contemplate the executive branch as a check or balance upon itself.

"In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant".

It generally prohibits searches and seizures unless justified by a warrant issued by a neutral magistrate based on probable cause to believe that the place to be searched or the person to be seized is implicated in crime.

Neutral, detached magistrates should make these judgments".

Mr. Shapiro responded that "the privacy safeguards of the Fourth Amendment benefit by having a neutral and detached magistrate review the evidence before the state does something as intrusive as putting a needle in somebody's arm".

Brennan began by stating that "this Court has long insisted that the determination whether probable cause exists to support a search warrant be made by a ' neutral and detached magistrate.' " In McCommon v. Mississippi, he said, the judge who issued the search warrant "indisputably 'rubber stamped' the police request".

In order to get a search warrant, an affidavit must be presented to a neutral and detached magistrate.

"Do I have to wait for up to six months," Justice Breyer asked, "before I have any magistrate, any neutral official, pass on my claim there was no probable cause to take my car?" William M. Jay, a Justice Department lawyer, said the government needed significant time to figure out who owned the car and to investigate the owner's connection, if any, to the criminal conduct at issue.

There are other Western democracies that have legal systems mostly like ours but place significant parts of the criminal investigation in the hands and under the direct supervision of judges and magistrates who really are neutral.

Judge Gentil, as an investigative magistrate, is supposed to be neutral, neither on the side of the police nor the defendant.