What is the test for a "neutral and detached" magistrate under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Cavazos, F069276 (Cal. App. 2016):
Under Coolidge, "in determining whether the magistrate is 'neutral and detached' for Fourth Amendment purposes, primary importance is placed on the objective external circumstances and how they could be expected to influence a magistrate's decision whether to issue a warrant and not on the subjective state of mind of the particular magistrate. [Citations.]" (Grimes v. Superior Court of Madera County (1981) 120 Cal.App.3d 582, 586.)
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