14. Executing Search Warrants Flashcards
(38 cards)
If I want to secure a dwelling for a warrant, what must I have?
I must have probable cause to search the dwelling before I secure it.
What are the two ways premises are secured outside or inside?
Controlling the outside perimeter (any evidence located within an unoccupied dwelling can be fully protected by controlling access from the outside)
Entering the dwelling and conducting a physical surveillance inside (If police choose this method, they must have specific information supporting an objectively, reasonable belief that evidence will indeed be removed or destroyed, unless preventative measures are taken)
What if I acquire evidence while securing the scene?
No information acquired while securing the scene may use for probable cause.
Once I secure a dwelling from the outside, can I stay inside?
Nope get your ass out.
When may officers begin their search of a dwelling?
Once they secured a warrant and have it in-hand at the scene.
Can I secure a person for a warrant?
Yes (ex. The police were investigating an arson murder and detained the defendant until they had a warrant to seize his clothing and sneakers to test them for traces of accelerant)
May I secure possessions pending a warrant issuance?
Yes
Massachusetts search warrant law requires a warrant to be executed as soon as a reasonably possible, but never more than this many days after issuance.
7 days
Does the Massachusetts search warrant law authorized nighttime searches between 10 PM and 6 AM?
Yes, however the affidavit must state the reasons for a nighttime search.
The Massachusetts search warrant law requires that police officers knock and announced their presence and this before forcibly entering a residence
They must also announce their purpose.
Knock, announce presence, and purpose, then forcibly enter
What are the three reasons for the knock, announce their presences, and purpose before forcibly entering a residence?
Prevent violence
Prevent property damage
Protect privacy
What are the only two situations where police may legally avoid knock & announce?
They have a no-knock search warrant or,
They enter to prevent imminent harm (like domestic violence). Immediate risk of death or serious injury.
It is no longer permissible for a judge to issue a no knock search warrant because the police feel evidence may be destroyed.
Do I need a SEARCH warrant for knock and trick?
Yes, as long as you have a search warrant, deception may legally replace the knock & announce requirement that police announced their identity and purpose.
A no-knock SEARCH warrant is limited to what type of situation?
A dangerous situation.
Failure to comply with the rules governing search warrant entry results in suppression of the evidence found inside chapter 276, section 2D .
Who may issue a no-knock search warrant?
A judge only (not a magistrate) go by statute law
There must be probable cause of danger
No minor or elder inside, unless a possible victim
Judge will no longer issue this warrant if the only reason is based on the destruction of evidence.
FYI, an arrest warrant no knock is less stringent and may be approved by a clerk magistrate. There is no statute backing up this common law only.
For a knock and trick, you must have a warrant as opposed to the other knock example on 11-11 where they put somebody’s body in front of the peep hole (plain view chapter)
The knock and using the peep hole to put a body in front of did not need a warrant. Nobody (police & perp) said anything in this case, they did not force the defendant to open the door, he voluntarily did, which enabled police to seize his cocaine.
For a knock and trick when they say hey, Pop-Warner football you need a warrant for this. check page 14 – 3.
May I detain the occupants while searching with a search warrant for contraband?
Yes, I have the authority to detain occupants while the search occurs.
If I’m executing a search warrant for evidence in a dangerous situation, may I frisk and handcuff the occupants?
Yes, the Supreme Court ruled this was proper…they said in such inherently dangerous situations the use of handcuffs minimizes the risk of harm to both officers and occupants.
Should I bring the affidavit with me to the scene of the search?
Yes, unless it will compromise the investigation.
If the warrant later, turns out to be defective, for some reason, information in the affidavit may rescue it, but only if the affidavit was attached to the warrant at the time of execution.
Is it OK to photograph the interior of a home during a search warrant?
Yes, to prevent false claims about the extent of damage caused by the police action.
May civilians offer assistance when serving a search warrant?
Yes, if they can provide technical expertise on retrieving certain types of evidence, (such as electronic data) they can be used HOWEVER must be included in the search warrant for approval by the judge.
Under a search warrants, police may only search those areas where the objects to be seized could be?
Reasonably be found.
May I continue to search if all items in the warrant have not been accounted for?
Yes, the search must end when all items have been found.
When I have probable cause to search a home or dwelling, what other areas does that include?
It also includes the basement and attic.
Also, a garden or shed within the curtilage . Also a car if it’s in the driveway (not parked on public street)
