Can a magistrate.......?

Question

or judge legally sign a warrant when the person requesting the warrant wasn't actually there to witness the event happening?

I'll just explain what & how it happened to me.....my kids and the neighbor kids were told not to play/talk/look at/taunt one another, the neighbors didn't follow rules, which resulted in a huge fight between the kids, ages 8-12. i went outside and told the oldes neighbor to go get her mom before I "pop the @&!^" out of her...no, I didn't hit her, I told her to do it or she would get hit...anyway, the police were called, we all gave statements, they left and we, or should I say I thought it was all over. More then a month later and 16 amendments to the original report I receive a phone call from a special investigator stating that the father of this child is trying to obtain a warrant on me for assaulting his daughter. I comply with the investigator and give him step by step detail of what transpired that night..needless to say the father obtained the warrant but stated that he saw me assault her..he was 2 houses down watching TV.

I understand that a Police officer can obtain it because they have witnesses to the facts or they themselves witnessed it, this father signed the warrant and the City magistrate allowed it.

Answer 1

Your question does not contain enough detail to permit a meaningful answer.

What kind of warrant? What kind of judge or magistrate? What kind of event? Who is the "person requesting the warrant?"

The judge or magistrate is bound by applicable law. That's the best answer your going to get to the question as framed.

Answer 2

Wide open question that needs some qualifying.

But to answer your question, yes. The police may not witness a murder or a crime but can request a warrant to search a house or car for evidence of the crime. Happens all the time.

Answer 3

Yes, they can indeed do that. Frequently, warrants are issued by a judge FROM A PHONE CALL. E-mail is becoming more and more frequent. There is nothing wrong with it in the majority of jurisdictions, and if you read the court rules, there are procedures in place for doing it.

Answer 4

Seen warrants faxed to officers from time to time by a judge; may be jurisdiction specific

Answer 5

They can do anything they want .There is nothing you can do about it . You can spend a fortune to appeal it .But the system is bias to govt. Judges have granted themselves immunity for anything they do .Even if they knowingly do something malicious to a person.There is no justice in our justice system today .Just victims that judges serves up to govt. to rob at will .there are more crimes committed in the courts of America in one day than on the streets in one year

Answer 6

Why not?