who can sign a warrant?

Discussion in 'Homesteading Questions' started by kentuckyhippie, Dec 30, 2007.

  1. kentuckyhippie

    kentuckyhippie Well-Known Member Supporter

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    there is a story going around our neighborhood that someone got their house searched by the sheriff's dept and the search warrant was signed by the guy who runs the local newspaper. I thought only a judge could sign a warrant. Any body know about who can sign???
     
  2. WhiteChristmas

    WhiteChristmas Super Mom and College Kid

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    Only a judge,magistrate can issue one. Atleast that's what my legal textbook says.

    white
     

  3. tamilee

    tamilee Well-Known Member

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    HI KY;
    Here in NC anyone can swear out a warrant for the arrest of another person simply by appearing before a magistrate at the the magistrates office at the county government center. All one has to do is swear with hand on the Bible and the magistrate issues the warrant.
    Personally, I think that is really messed up. People often abuse the system to retaliate against someone and to cause others financial difficulty and the embarrassment of being arrested.
    tamilee
     
  4. Bearfootfarm

    Bearfootfarm Hello, hello....is there anybody in there.....? Supporter

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    It depends on the crime. If it's an assault or trespassing, or something similar, an individual can take out a warrant. For most serious crimes its done by the police.

    Search warrants are ONLY issued by judges ( a Magistrate is also a "judge")


    Its possible the guy who owns the newspaper provided the information, but the police probably requested the warrant from the Magistrate
     
  5. texican

    texican Well-Known Member

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    Did the search turn up something illegal???
     
  6. kuriakos

    kuriakos Well-Known Member

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    Only a judge or magistrate can sign a warrant, but what you're probably talking about is an affidavit. Any witness can swear out an affidavit, which is then used by the police to try to persuade the judge to issue a warrant.
     
  7. Nevada

    Nevada Voice of Reason Supporter

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    I think you got it right. An individual can swear out a complaint (usually in the form of an affidavit) which can be presented to a magistrate to justify a warrant, but only a magistrate can execute and issue an enforceable warrant.

    The only exception I'm aware of is the IRS authorizing its agents working in the Criminal Investigation Division (so-called "IRS-CID agents", the ones who carry guns) to execute warrants, but since none are magistrates a number of police departments have refused to enforce those warrants, apparently without consequences. I'm skeptical that IRS warrants are legally enforceable, although in practice they're enforced all the time.

    I suppose an individual COULD issue a warrant, but it wouldn't be enforceable. The police could not, and would not, act on a warrant that was signed by an individual.
     
  8. Ernie

    Ernie Well-Known Member

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    It's possible a sheriff or sheriff's deputy did not know the law and overstepped their legal bounds. Happens all the time. Or it may have been that the illegal search warrant was presented to the home owner as if it were real and the home owner (not knowing their rights) caved and gave consent, thus making it a legal search.

    Not knowing more about the facts or Kentucky law, it's hard for me to say for sure. However it's very important that we as citizens know our rights so we can resist ignorant or deceptive law enforcement officers. It's even MORE important that we, as honest citizens, resist and not give in to the "obviously they must have something to hide" mentality that pervades our nation and undermines the freedoms of us all.
     
  9. K-9

    K-9 Well-Known Member

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    In Kentucky a search warrant can only be issued by a trial commissioner, or Criminal Court Judge. The affidavit to support the probable cause on which the warrant is sought, must be completed by the Peace Officer who is applying for the warrant. Information in the affidavit obtained from a non Peace Officer, ie informant, concerned citizen etc. must be collaborated by independent investigation by the Peace Officer signing the afidavit or another Peace Officer. In other words, unless the "guy who runs the local paper" is also a Peace Officer in the Commonwealth of Kentucky he did not get a warrant to search anything. This is not to say he didn't provide information to the Sheriffs Office that resulted in them obtaining probable cause to get a warrant. Likewise unless the "guy who runs the paper" is also a Trial Commisioner, or Criminal Court Judge they did not issue a warrant for anything either. Now anyone can file an affidavit for an arrest warrant or crimnal summons but the actual warrant can only be issued by a Trial Commisioner or Criminal Court Judge but obviously that is not a search warrant.

    It has been my experence that facts often get turned around in these types of stories as they are told and retold and often the actual event resembles nothing that actually happened. Hope this information helps.
     
  10. Quint

    Quint Well-Known Member

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    The PATRIOT act actually allows government agents to write their own warrants.
     
  11. Rascal

    Rascal Well-Known Member

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    Far as I know only a judge or magistrate. A citizen can swear out a complaint, yet only a
    judge or mag can issue one, unless its homeland security, Im not sure what the rules are then
     
  12. tanksoldier

    tanksoldier Well-Known Member

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    Police officers write warrants all the time. They must be signed by a judge.

    Secret warrants can be issued by certain judges, but they still must come from a judge somewhere.
     
  13. Quint

    Quint Well-Known Member

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    OK I'll clarify. They don't need a judge to sign off on the warrant. They don't need to even go before a judge.
     
  14. Rascal

    Rascal Well-Known Member

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    Quint, no offense my dad is an x police officer. Okay it was the 1950"s yet I dont think the law has changed that much. The judge signs off a warrent, the police carry it out.
    The police cannot sign off on their own warrants. Unless its something seriously heinious,
    & homoland security is involved, I think that line of rational doesnt fly in a typical court of law
     
  15. Big Dave

    Big Dave Well-Known Member

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    Was that a type o?
     
  16. rggambrell

    rggambrell Well-Known Member

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    I am a Law Enforcement,NOW Jan. 2,2008. I cannot sign my own warrants. I can write the warrant and sign as the affiant but it still has to be read over and signed by a judge or magistrate to make it legal and enforceable.
     
  17. Ernie

    Ernie Well-Known Member

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    Yeah, I don't believe the Patriot act actually allows even federal agents to write their own warrants. Wasn't that what the big wiretapping issue was about recently, the fact they they went around the warrant system and got in trouble?

    No, warrants signed by a judge are still the law of the land.
     
  18. michiganfarmer

    michiganfarmer Max Supporter

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    you are flip flopping. Either they can, or they cant. decide what you want to say before you try to make an argument.
     
  19. foxtrapper

    foxtrapper Well-Known Member Supporter

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    Really, you don't? Boy, I sure do!
     
  20. Quint

    Quint Well-Known Member

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    OK let's try this again. The USA PATRIOT Act allows FEDERAL agents to write and authorize their own search warrants. It also allows self-written and executed search warrants on the following:
    banks
    delis
    bodegas
    restaurants
    hotels
    doctors' offices
    lawyers’ offices
    telecoms
    HMOs
    hospitals
    casinos
    jewelry dealers
    automobile dealers
    boat dealers
    the post office

    It also mandates that if you, or any of those served with the warrant SPEAK about it, you will be thrown in prison.

    Yeah I know it's a hard thing accept that one is no longer living in a constitutional republic but instead is living in a police state but facts are facts. It's right there in the Bill(now law) that your congresscriminal didn't read, and wasn't given time to read, before voting for.