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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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CAN ONE JUDGE SIGN OFF ON A SEARCH WARRANT AND A DIFFERENT

Resolved Question:

CAN ONE JUDGE SIGN OFF ON A SEARCH WARRANT AND A DIFFERENT JUDGE SIGN OFF ON THE AFFIDAVIT TO THE SAME SEARCH WARRANT ON THE SAME DAY FOR THE SAME CASE? In Michigan
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Yes.

Under MI law, judges are "fungible"...that is they are all considered exactly the same.

So long as the judge who signed the document was provided information in good faith (that is, the cops or DA did not lie or mislead the judge on purpose) and so long as the information provided probable cause, the warrant and affidavit would both be valid.

Customer: replied 5 years ago.
Can you give me somthing that supports your answer to this question please?
Expert:  P. Simmons replied 5 years ago.
sorry...not willing to pull case law..not for what you are paying...but perhaps someone will...i have opted out.

Customer: replied 5 years ago.
Relist: Incomplete answer.
I asked the lawyer for the cases that represents his answer and he said he opted out.
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

Can you please clarify if this was the Affidavit and Warrant form used in the circumstances you are referring to? http://courts.michigan.gov/scao/courtforms/generalcriminal/mc231.pdf
Customer: replied 5 years ago.

Yes I believe this was

Expert:  JB Umphrey replied 5 years ago.
Michigan appellate courts have not dealt with the issue that you've described. Thus, there are no cases to share. They have dealt with cases where the judge/magistrate signed the affidavit and not the warrant. However, they have not dealt with a case where one signed the affidavit and a different one signed the warrant.

You may find this Michigan benchbook to be informative on the search warrant process for Michigan judges and magistrates: http://courts.michigan.gov/mji/resources/monographs/mono2/Mono-2-Search-Warrants.pdf Pages 28-29 deal with the signature requirements.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience: Handling criminal and probation matters for over 14 years.
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