Q: Attorney Tully, how do the police go about obtaining a search warrant for a house?
A: Good question. A Magistrate must sign the search warrant in order for it to be valid. The Magistrate is the local District Justice in your community. A valuable practical tool in defending someone is to challenge the basis for the Magistrate signing the warrant in the first place. I have often wondered how many search warrants are actually denied by a Magistrate. My guess is very few. Could that be the basis of a legal argument for you? Call me. Bernie