Also known as:magistrate judges · magistrate · U.S. magistrate judge
Written by attorneys · grounded in primary & secondary sources — see below
A judicial officer of the United States appointed to assist district courts by performing pretrial and other delegated functions including the issuance of warrants and the conduct of initial appearances.
Sources & Authorities
How it applies
Common Examples
6
Good Faith Reliance on Warrant
Ming Ma is arrested after officers execute a search warrant issued by Magistrate Judge Harper. The warrant later proves defective for lack of probable cause. Officers relied on the warrant in objective good faith. Evidence obtained is admitted at trial because the magistrate's issuance shields the officers from suppression.
Remote Warrant Application
Maurice Marshall is the target of a ransomware investigation. Agent Ruiz appears by secure video before Magistrate Judge Harper at midnight and transmits sworn testimony and server logs. The magistrate places the agent under oath and issues an arrest warrant based on the electronic presentation.
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Cases
Statutes
Federal Rules
Restatements
Casebooks
Hornbooks
Study Supplements
Monica Morgan moves to suppress statements taken during a status conference before Magistrate Judge Harper in a civil coverage action. The magistrate applies the Federal Rules of Evidence to determine whether counsel's factual recitations are admissible at the contempt hearing that follows.
Initial Appearance After Arrest
Matthew Martinez is arrested in the district where the offense allegedly occurred. No magistrate judge is immediately available. Officers bring him before a state judicial officer for the initial appearance as permitted when a magistrate cannot be located promptly.
Administrative Inspection Warrant
Marco Marquez refuses city inspectors entry to his building. The inspectors obtain an administrative warrant from Magistrate Judge Harper after showing probable cause for a housing code violation. The warrant satisfies the neutral magistrate requirement for the inspection.
Camara v. Municipal Court of City and County of San Francisco387 U.S. 523, 87 S.Ct. 1727, 18 L.Ed.2d 930 (1967)
Immunity Question at Hearing
Megan Moore sues a magistrate judge for damages arising from an allegedly erroneous pretrial ruling. The magistrate asserts qualified immunity. The court evaluates whether the conduct violated clearly established law at the time of the challenged action.
Harlow v. Fitzgerald457 U.S. 800, 818 (1982)
Common questions
Frequently Asked
4
May a magistrate judge issue a warrant based on sworn testimony presented by telephone or video?+
Yes. Federal Rule of Criminal Procedure 4.1 expressly authorizes a magistrate judge to consider information communicated by telephone or other reliable electronic means when reviewing a complaint or deciding whether to issue a warrant.
Supporting sources
What must occur at an initial appearance before a magistrate judge?+
The defendant must be informed of the charges, advised of the right to counsel, and may have bail set. If the defendant refuses to plead, the court enters a plea of not guilty on the defendant's behalf.
Supporting sources
Do the Federal Rules of Evidence apply to proceedings conducted by a magistrate judge?+
Yes. Rule 1101 provides that the rules apply to proceedings before United States magistrate judges in both civil and criminal cases.
Supporting sources
When may officers present an arrestee to a state judicial officer instead of a magistrate judge?+
When the defendant is arrested in the district where the offense was allegedly committed and no magistrate judge is reasonably available, the initial appearance may be held before a state or local judicial officer.
Supporting sources
384 U.S. 436 (1966)Evidence
…most confessions obtained through police interrogation.[^maj-59] In India, confessions made to police not in the presence of a magistrate have been excluded by rule of evidence since 1872, at a time when it operated under British law.[^maj-60] Identical provisions appear in the Evidence Ordinance of Ceylon, enacted in…