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W.D.N.Y.: CI brought to issuing magistrate for questioning, and court won't parse the leading questions

By John Wesley Hall, Jr.

The CI here appeared before the judge issuing the search warrant. While there were leading questions asked, the judge had a substantial factual basis for issuing the search warrant. The reviewing court does not have to parse the questioning to determine whether probable cause exists. United States v. Glover, 2010 U.S. Dist. LEXIS 94359 (W.D. N.Y. September 10, 2010): As has been clearly articulated by the Court of Appeals for the Second Circuit, the role of a reviewing court is "simply to ensure that the magistrate had a substantial basis for . . . conclud[ing]" that probable cause existed and not as the defendant would have this Court believe, to scrutinize the form of the questions posed by the issuing judge. Here, the defendant objects to what he characterizes as leading questions posed by Judge Drury and on that basis alone, concludes that Judge Drury did not have substantial basis for the finding of probable cause...continue to full post

Full post as published by Fourth Amendment on September 16, 2010 (boomark / email).