Legal Opinion · Dissent
State v. Dowman
Supreme Court of New Hampshire
Decided June 25, 2004No. 2003-422Published
1DissentDuggan, J.
A magistrate judge is required to make an independent determination of probable cause before issuing a warrant. State v. McMinn, 144 N.H. 34, 38 (1999). This requirement is particularly important where the First Amendment is implicated because the existence of criminal conduct depends solely on the content of the items to be searched or seized. United States v. Brunette, 256 F.3d 14, 18 (1st Cir. 2001). Because I believe that to make an independent determination of probable cause from an affidavit, a magistrate judge must either view the allegedly pornographic images or be provided a detailed…
2Cases cited17 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. HarrisSupreme Court of the United States · 1971
- UNITED STATES of America, Plaintiff-Appellee, v. Scott Douglas LACY, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
- Lee Art Theatre, Inc. v. VirginiaSupreme Court of the United States · 1968
- New York v. P. J. Video, Inc.Supreme Court of the United States · 1986
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