tag:blogger.com,1999:blog-4098620.post2224984097912028739..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Splitting the Magistrate BabyUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4098620.post-6695480176516691542009-09-14T15:52:46.650-04:002009-09-14T15:52:46.650-04:00I'm a Virginia LEO. It's interesting to m...I'm a Virginia LEO. It's interesting to me that the change requiring consultation with the prosecutors or LE was presented to us as effectively requiring citizens to go to the police or at least the CA's office before seeking a felony warrant. I see by the text of the change that the duty to consult is left on the magistrate; I agree that it doesn't make much sense. In fact, while I agree in general that felonies should be reported prior to warrants obtained as a general rule, I can think of several exceptions, like bad checks at a store or embezzlement.<br /><br />Since I don't see the CA's office setting someone aside to review public cases... I predict that this will lead to a lot of cops being tied up with some stuff that doesn't really need their review...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-67842992709142775982009-09-14T01:23:34.047-04:002009-09-14T01:23:34.047-04:00Generally, a warrant issued upon a complaint by a ...Generally, a warrant issued upon a complaint by a private citizen is then forwarded to local law enforcement officers who are tasked with trying to serve it. They do not give the citizen the power to arrest. They also cannot force a prosecutor to go forward on a case. However, a magistrate is supposed to find probable cause before he issues a warrant and probable cause is the level of proof a prosecutor is supposed to have in order to prosecute a case. As well, the citizen who went in and took out the warrant is one of the voters who elects the prosecutor (or his boss). If there is merit to the case the prosecutor will go forward with it. In felony matters, the fact that the case started with a warrant means it would first have a preliminary hearing in general district court; if the prosecutor decides to prosecute the and if the judge decides there is probable cause then the case is sent to the grand jury for indictment.<br /><br />To the best of my knowledge, search warrants can only be given to agents of the government. I think the 4th Amendment is meant only to apply to the government.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-62163683917419160732009-09-14T00:24:51.465-04:002009-09-14T00:24:51.465-04:00Could you clarify what the effect of a warrant iss...Could you clarify what the effect of a warrant issued by a magistrate on a private citizen's complaint is? Do these warrants authorize the private citizen to make an arrest? Do they order the sheriff to make an arrest? Do they order the prosecutor to indict?<br /><br />Do they also issue warrants for search and seizure to private citizens? If so, again, what is the effect? Thanks.Bill Poserhttp://www.billposer.orgnoreply@blogger.com