Skip to comments.Bill would allow judge to issue search warrant by telephone
Posted on 03/01/2014 2:57:27 AM PST by don-o
KINGSPORT Tennessee prosecutors want to move the way search warrants are issued out of the 20th century.
But, in the 21st century, some state senators who sit on the Tennessee Senate Judiciary Committee are standing in the way.
At issue is a bill that would allow a magistrate or judge to issue a search warrant by telephone or other reliable electronic means.
Sullivan County District Attorney General Barry Staubus said the bill originated from his office, is backed by state district attorneys general and is in response to a 2013 U.S. Supreme Court ruling that does not give law enforcement the right to draw blood without a search warrant in drunken-driving investigations.
(The Supreme Court said) youre going to have to do more search warrants, Staubus said of the ruling during a meeting between leaders with the Tennessee Public Safety Coalition and members of the Times-News Editorial Board.
Current law calls for a law enforcement officer to appear before a magistrate or judge who will examine documents and issue a search warrant based on probable cause and supported by an affidavit.
Staubus said this system moves too slowly when quick decisions need to be made, especially in DUI cases.
(Excerpt) Read more at timesnews.net ...
While the Marxists attack the Second Amendment, now the State wants to go after the Fourth?
I believe telephone search warrants are available to the feds in certain situations.
DUI cases are the premise for the proposed law; ability to invade homes on the sayso of a telephoned warrant issued in response to undocumented reasons from police is the actual goal.
Telephones are so 19th century. Secure servers could supply printers in patrol cars with instant warrants in dicey situations. Of course a judge would have to be on the other end.
DUI? I never knew that was such a national emergency that it justified suspending the Constitution. Warrants to invade a person’s private domain/body to conduct a search and seizure are a serious business. The person affected has a right to see a physical warrant signed by a judge and should have a reasonable expectation that the judge will have reviewed any probable cause personally and seriously and not just said “sure, go for it” by phone.
Had Enough Yet ?
A worthy slogan for our time.
I think Arizona already does this. A class I took last fall said so, anyways. I can’t find documentation.