California, United States of America
The following excerpt is from People v. Tuadles, 7 Cal.App.4th 1777, 9 Cal.Rptr.2d 780 (Cal. App. 1992):
"The essential protection of the warrant requirement of the Fourth Amendment" relies upon "a neutral and detached magistrate." (Illinois v. Gates, supra, 462 U.S. at p. 240, 103 S.Ct. at p. 2333.) The magistrate acts as a trier of fact in appraising and weighing the affidavit. (People v. Stout (1967) 66 Cal.2d 184, 193, 57 Cal.Rptr. 152, 424 P.2d 704.) He may reject an affidavit as not credible or not sufficient. He may also "before issuing the warrant, examine on oath the person seeking the warrant and any witnesses he may produce...." (Pen.Code, 1526.)
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