Denton, MD asked in Criminal Law for Maryland

Q: can a bias judge sign a search warrant

A judge signed a search warrant for my son"s apartment . the judge use to be a states attorney in our county he tried my son and lost the cases. I think he has in for my son. He has taken himself off as the judge on mu sons new case

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1 Lawyer Answer

A: The only way to challenge a warrant is if the affidavit signed by the detective or officer lacked adequate factual basis to support probable cause to issue it. The judge’s bias does not come into it, at least insofar as suppressing any evidence found as a result of the search. Separately you could complain to the Maryland Commission on Judicial Disabilities that the judge should have recused himself from considering the warrant application based on a potential appearance of bias or conflict of interest, but that will not invalidate an otherwise facially valid warrant supported by probable cause. The Commission could reprimand or impose other punishment on the judge if they deem he violated judicial ethics.

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