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Can a judge who has signed off on a search warrant actually…

Customer Question
Can a judge who...

Can a judge who has signed off on a search warrant actually go out and execute the search warrant with the officers

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

No not as of yet ,but items were siezed

Lawyer's Assistant: In what state did this occur?

Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No , just curious about the judge being on the Premises while A search of my home was being done

Submitted: 4 months ago.Category: Criminal Law
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Answered in 5 minutes by:
3/18/2018
Criminal Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13,468
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Criminal Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. This is a highly, highly unusual situation. I cannot find any law that says specifically yes or specifically no. However, I believe that a third-party judge may probably conclude that the judge may not be there. Generally, you are entitled to a quick trial and not be punished excessively.

On one hand, the judge is not a police officer and doesn't have the authority to enter your home like a sworn police officer would.

Second, a judge may be privy to evidence before it has been submitted into evidence by the prosecution.

Third, a judge's bias may come into play if they see evidence of a crime being committed, which lessens your ability to have a proper punishment because the judge won't rely on presented evidence, but rather their own information, which could unfairly heighten any punishment you perceive.

My recommendation is to have you or your lawyer immediately move to your judicial council to have this person removed.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
When executing can the local police knock wholes into walls as they search
Criminal Lawyer: Legal Eagle, Lawyer replied 4 months ago

There isn't anything that specifically says that they can do that; however, if you feel as if the officers used excessive force in executing the warrant, you can always file a complaint with the US Department of Justice. More information regarding how to file a complaint for police misconduct is here.

Did you have any other questions for me today that I could help you with?

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Criminal Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hi, I just wanted to follow up to see what questions you had fro me. Did you have any other questions for me today?

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