Is a magistrate entitled to consider the evidence presented to the court by witnesses who identified appellant with the alleged crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rubio, 727 F.2d 786 (9th Cir. 1984):
In addition to the information supplied by the witnesses on the scene identifying appellant with the alleged crime, and thus targeting his house as the possible location of critical evidence, we have the indictment. The magistrate has the same right as the court to take judicial notice, United States v. Sevier, 539 F.2d 599, 603 (6th Cir.1976), and affiant having advised the magistrate of the indictment, the information was before him.
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