[tptacek]

Right, the facts presented to the judge, taken as stated, have to add up to cause for a search. Judges shouldn't ignore a paucity of factual assertions. I don't doubt that many do. But short of an adversarial process, which I don't think can work with warrants, I don't know what you can do to mitigate a police officer fabricating evidence.

[tremon]

This is becoming nothing but a semantic problem. Where lies the line between "judges shouldn't ignore a paucity of factual assertions" and "judges should be adversarial towards a warrant application"?

But to me, the more important question is "what are the ramifications for subverting the intended warrant process"? It seems that both sides here are arguing that the warrant process should be based on veracity and proportionality, and it regularly isn't. So what process oversees and corrects the rubber-stamping of warrants?

[tptacek]

In the US, the major ramification of exploiting misconduct to get warrants is that all the evidence stemming from that warrant is excluded from the trial, which is a rule we have that is not common in the rest of the world.