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by ikeboy
30 days ago
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Magistrates are supposed to verify that the warrant contains probable cause and reject ones that don't. You could make the system more adversarial at that point, although I think enforcing bail hearings where a public defender can argue would help in this and many other cases. |
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But even then, abuse of that classification is something that could routinely happen and would need to be punished post-facto. Imagine the same sheriff looking to perform the same retaliation, so he checks all the boxes for a no-notice no-knock warrant that still results in an arrest with a weekend in jail. Which is why my main point is that we shouldn't argue against one avenue of reform with the goal of emphasizing a different one.