Thursday, July 06, 2006

Fact that Magistrate Had Previously Represented Defendant Did Not Invalidate Search Warrant

U.S. v. Guthrie, 2006 WL 1689290 (6/21/06)(unpub'd) - A search warrant related to child porn was okay, even though the issuing magistrate had represented the defendant earlier in a sexual assault case. The 10th reasoned that the magistrate did not necessarily know that it would turn out the defendant would be involved, since the warrant was directed at the defendant's parents, [with whom the defendant lived!]. Plus, in any event, the prior attorney-client relationship in an "unrelated" matter did not render the magistrate un-neutral and the evidence of probable cause was overwhelming.