Judges, Not Police, Must Make P/C Decisions for Search Warrants – State v. Marshall
In today’s decision in State v. Marshall, the Appellate Division held that the decision as to the existence of probable cause sufficient to support the issuance of a search warrant is exclusively vested in judges and cannot be delegated to police. In Marshall, a judge authorized the police to determine which of two apartment units probably contained an illegal drug stash and to search that apartment. The Appellate Division ruled that permitting such an exercise of discretion by the police illegally transferred to probable cause determination from a neutral and detached magistrate to the police.
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