Post

We’ve seen the same question come up repeatedly in response to this post. Prosecutors have a duty under ethical rules to disclose to judges not only the laws that support their position, but also adverse authority that undermines it.

60 reposts643 likes

No, it's when requesting warrants. The person whose home, possessions, etc, will be searched isn't present to object. In those circumstances, the law adverse to the governments request must be presented to the judge.

it is absolutely not basic knowledge; the PPA has come into play by our research fewer than 100 times in the last 40 years. There's no reason for a federal magistrate to know about it, which is why prosecutors have an obligation to disclose it. (Which they didn't do in my case, either.)

American Carne@americancarne.com

Everyone making excuses for the judge is ridiculous. As many have pointed out - this is such basic knowledge.

I’m not a judge but if a law enforcement organization came to me and asked for permission to raid a reporters home OR office - I would immediately be asking some questions. It doesn’t sound legal and its not legal. A judge giving permission should be doing more than rubber stamping raids.

It’s the same issue - a judge just trying to clear their docket instead of doing diligence. To be clear, I think the judge has reason to reprimand the prosecutor for not doing their job, but I also think a judge has a responsibility to know what they are authorizing.

So these judges have no knowledge of anything about what they are signing off on before they sign off on it? That seems really dumb and ripe for abuse.

Just a strong disagree. Magistrate judges get training and that training should include all exceptions to search warrants, as it does at most state judge level trainings. The affidavit here identified Natanson as a journalist. No excusing the DOJ. But the magistrate bears some responsibility.

As I have posted on my own account, I have represented journalists subject to search warrants several times and in those case, the cops never identify the target as a journalist, usually because they know that will lead to greater judicial scrutiny.

I've participated in the NDCal bench-bar-press panels a few times, and each time we included the PPA among the laws to be included in new judge trainings and never once did the sitting judges claim to have never heard of it or dispute that it was important.