Is a police officer's application for a warrant sufficient to compel a magistrate to issue a warrant for the arrest of a minor?

California, United States of America


The following excerpt is from People v. Cook, 148 Cal.Rptr. 605, 22 Cal.3d 67, 583 P.2d 130 (Cal. 1978):

9 The fault, of course, is not in the magistrate's knowledge or perception, but in the unavoidable circumstance that the application for the warrant is not an adversary proceeding: "Judges are not omniscient. They have no special ability to determine that they are being deceived when they deal Ex parte with experienced police officers who testify routinely in court. When the policeman appears Ex parte before the magistrate to procure a warrant, with his affidavit, the judicial officer has no divining rod to determine whether the affidavit is true or false. All he can do is read it, and if it is not internally inconsistent, all that is left him is the legal conclusion whether the 'facts' asserted in the affidavit establish probable cause." (United States ex rel. Petillo v. State of N.J. (D.N.J.1975) 400 F.Supp. 1152, 1182, vacated and remanded by order Sub nom. Albanese v. Yeager (3d Cir. 1976) 541 F.2d 275.)

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