...motion to suppress. The question presented here is whether Mr. Rex Reeves, the justice of the peace who issued the search warrant involved in this case, was a neutral and detached magistrate. Appellant...asserts that Mr. Reeves was not a neutral and detached magistrate (1) because he was serving as both justice of the peace and coroner when he issued the search warrant and (2) because he maintained some...believe the facts presented in the record require this court to disturb the trial court's determination that personal associations did not prevent the justice of the peace from being a neutral and detached magistrate. Accordingly...

...suppressed because the warrant was not issued by a neutral and detached magistrate as required by the United States and Wisconsin Constitutions. McBride further contends that the trial court committed...neutral and detached magistrate and that McBride waived her objection to the instruction involving proof of value beyond a reasonable doubt by.... McBride contends that Judge Koehn was not a neutral and detached magistrate as required by the constitution because he harbored actual bias against her. McBride asserts that at the time of...

... A person acting in a dual capacity as deputy sheriff for a county and deputy clerk for a municipal court located in that same county is not a neutral and detached magistrate for purposes of...charges against her. She argued that the warrant for her arrest was invalid because it was based on a finding of probable cause made by a magistrate who was not neutral and detached due to his dual...an officer and deputy clerk of a local municipal court, act as a neutral and detached magistrate for purposes of Crim.R. 4(A...

...shall issue, but upon probable cause," the United States Supreme Court has long required that a neutral and detached magistrate — not a police officer — make the determination of probable cause...usual inferences which reasonable men draw from evidence. Its protection consists in requiring those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer...Indiana Constitution requires that a neutral and detached magistrate make the determination of probable cause.State ex rel. French v...

...by neutral and detached magistrate judge). Hand, 838 F.2d...the summary judgment motions. In fact, the magistrate judge's recommendation that the claim be dismissed and the officers' brief on appeal rely heavily on the lack of summary judgment evidence to..., Herschel Tracy Crawford, Ramey, Flock, Jeffus, Crawford, Harper Collins, Tyler, TX, Gordon Russell Wynne, Jr., Wynne Wynne, Wills Point, TX, for Koonce, City of Wills Point and Ann Franks...

...the Fourth Amendment that warrants be issued by a neutral and detached magistrate who must be capable of determining whether probable cause exists for issuance of the warrant. The clerks, though laymen...tests. He must be neutral and detached, and he must be capable of determining whether probable cause exists for the requested arrest or search. This Court long has insisted that inferences of probable cause be drawn by "a neutral and detached magistrate instead...question in this case is whether these clerks qualify as neutral and detached magistrates for purposes of the Fourth Amendment. We hold that...

.... Appellant attacks the validity of this search warrant asserting that Judge Broom was not a neutral and detached magistrate as required by the Fourth and Fourteenth Amendments of the United States.... The Fourth Amendment explicitly commands that "no warrants shall issue, but upon probable cause." Case law has established the further requirement that the warrant be issued by a "neutral and detached magistrate," who..., 350 (92 SC 2119, 32 L.Ed.2d 783) (1972). "The rule under the Fourth Amendment that a warrant be issued by a neutral and detached magistrate requires severance and disengagement from...

...sufficient facts in his affidavit supporting the arrest warrant to enable a neutral, detached magistrate to find probable cause. It is well settled that, in determining the sufficiency of an affidavit for an arrest or search warrant, a reviewing court is limited to the "four corners of an affidavit". Lagrone v. State, 742 S.W.2d 659, 661 (Tex.Cr.App. 1987) (and cases...blinders on the process wherein a neutral and detached magistrate must decide whether there are sufficient facts stated to validate issuance of a proper warrant." Id. Rather, this Court has...led him to make these conclusions. Hence, there were no facts that would lead a neutral and detached magistrate to conclude that appellant was the perpetrator of the crime and not merely an ordinary...

...contain false information, and the search warrant based on it was regular on its face, was issued by a neutral and detached magistrate, and was served by law enforcement officers who acted in good.... Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellant. Law...faith and in reasonable reliance on the probable cause determination and the technical sufficiency of the warrant. Therefore, the seized evidence is admissible under...

.... HUDDLESTON, Judge. This case presents one question: Is a district court trial commissioner a neutral and detached magistrate capable of issuing...warrant was insufficient for it failed to state when the police informant observed marijuana cultivation on the Dixons' property. They also argued that Morris was not a neutral and detached magistrate for...Fourth Amendment to the United States Constitution prohibit unreasonable searches and seizure. One of the fundamental elements of these constitutional protections is that a detached and neutral magistrate must...

...Amendment's protection against unfounded invasions of liberty and privacy, the Court has required that the existence of probable cause be decided by a neutral and detached magistrate whenever possible. The...from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being...the constitutional role of a neutral and detached magistrate. We reaffirmed that principle in Shadwick v...

...inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime...grounds for any search. That decision held only that odors alone do not authorize a search without warrant. If the presence of odors is testified to before a magistrate and he finds the affiant...magistrate. These are never very convincing reasons and, in these circumstances, certainly are not enough to by-pass the constitutional requirement. No suspect was fleeing or likely to take flight. The...

...) (BRENNAN, J., dissenting). Thus 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 instead of...probable-cause decision must be made by a neutral and detached magistrate, stating that "the courts must . . . insist that the magistrate purport to 'perform his "neutral and detached" function and...because the warrant was not issued by "the neutral and detached magistrate required by the Constitution, the search stands on no firmer ground than if there had been no warrant at all." Id., at 453...

...the building pursuant to the warrant because the issuing magistrate was not neutral and detached. Judge James Blackmer, a New Mexico state district court judge, issued the warrant based on an...by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. Id. at 13...-14. For purposes of the Fourth Amendment, it is essential that a magistrate issuing a search warrant be neutral and detached rather than "an adjunct law enforcement officer." United States v. Leon, 468 U.S. 897, 914 (1984); Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 327 (1979). It therefore follows that a search premised on a warrant issued by a magistrate who...

.... CONSTITUTIONAL LAW — Determination of Probable Cause — Standard. — The constitutional standard only requires that a determination of probable cause be made by a neutral and detached magistrate who makes his...committed a crime is an insufficient basis upon which to issue an arrest warrant, but if the allegation is supported by enough of the underlying facts and circumstances to allow a "neutral and detached magistrate" to..."neutral and detached magistrate," this procedure is clearly unacceptable and falls far short of the minimum requirements of the Fourth Amendment. p. 517. 11. CRIMINAL LAW...