Tuesday, December 14, 2010

Lawsuit claims arrests were improper because warrants weren't signed!

From WKBN.com:
A pair of local attorneys has filed suit against Mahoning County and its townships over the way arrest warrants are issued.

The lawyers filed the suit Tuesday in federal court on behalf of nine women, most of them former workers at the Go Go Cabaret in Austintown, where many were arrested on drug and other charges.

The attorneys claim in each case, the women were picked up on warrants that had never been signed by a judge or a magistrate, something they claim violated the suspects' Fourth Amendment rights.
Oops! As a reminder...
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The idea here is that only a judge or magistrate can determine probable cause, and thus, his signature is required.

No comments:

Post a Comment