Honest question: do judges normally issue search before charges have been filed? If not, wouldn't that mean a judge could issue a search warrant without probable cause to every home and all those found with contraband could retroactively be charged with crimes?
Yes. Search warrants often come before charges but can also come after as new information is learned. The issue here is they have to establish in the warrant affidavit that the evidence they seek is based on probable cause to believe that it was part of or used in commission of a crime. So if a crime was committed, why weren’t they arrested promptly? They don’t have a crime but found a corrupt judge to issue the warrant and shitty cops to serve it.
Honest question: do judges normally issue search before charges have been filed? If not, wouldn't that mean a judge could issue a search warrant without probable cause to every home and all those found with contraband could retroactively be charged with crimes?
Yes. Search warrants often come before charges but can also come after as new information is learned. The issue here is they have to establish in the warrant affidavit that the evidence they seek is based on probable cause to believe that it was part of or used in commission of a crime. So if a crime was committed, why weren’t they arrested promptly? They don’t have a crime but found a corrupt judge to issue the warrant and shitty cops to serve it.