I consider complaining about search warrants to be participating in the system. That's me offering something constructive. That's why I said it sucks Trump's such a shithead. I hate to criticize the system when it's getting it so right.L'Emmerdeur wrote: ↑Sun Dec 16, 2018 6:47 pmI think it varies from jurisdiction to jurisdiction, but generally I think you have a point. Since you didn't offer anything constructive, I'll offer something. What do you think of a citizens' ombudsman being involved in the scrutiny of search warrant applications? There are a couple of problems with that which come to mind--it could really impede progress in urgent cases, and unless the ombudsman served a rather brief term, they could end up considering themself 'part of the team' along with the police and the magistrates/judges.
But I'm not sure we should be looking for a solution either. Don't you think just being aware of a problematic relationship between the police and judges goes a long way?
I mean I can't offer any data to back up my original complaint.
If it really isn't happening all that often, then the system is successful. To what degree would be debatable. But if it is successful to a large extent, then I think rather than looking to make procedural changes we might consider looking at how to foster the right environment for the system (e.g. more objectivity between judges and police) to work.