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Comment by mindslight

1 hour ago

Shooting from the hip, I'd think a properly adversarial/just process would be something like a public defender (or other attorney of the person's choosing) who is paid out of government funds. Then there should probably be different classes of warrants, with the lowest class being something like the person is notified and able to choose their representation to challenge the warrant before it's even issued (presumably non-violent, no flight risk, etc), with escalating classes based on those factors.

But even then, abuse of that classification is something that could routinely happen and would need to be punished post-facto. Imagine the same sheriff looking to perform the same retaliation, so he checks all the boxes for a no-notice no-knock warrant that still results in an arrest with a weekend in jail. Which is why my main point is that we shouldn't argue against one avenue of reform with the goal of emphasizing a different one.