2. Search and Seizure - Issue Two

Question 1

A judicial officer ceases to be sufficiently “neutral and detached” for Fourth Amendment purposes when:

Answer 1

Her conduct demonstrates bias in favor of the prosecution.

Question 2

Probable cause requires:

Answer 2

Proof of a “fair probability” that contraband or evidence of crime will be found in the area searched.

Question 3

NY rule for informant tips:

Answer 3

NY continues to use the stricter Aguilar-Spinelli test in evaluating probable cause based on informants’ tips.

Under Aguilar-Spinelli, when applying for a search warrant, the government must establish two things:

1. The informant’s reliability or veracity; and
2. His or her basis of knowledge.

Question 4

To satisfy the particularity requirement, the search warrant must specify two things:

Answer 4

1. The place to be searched; and

2. The items to be seized.

Question 5

An officer’s “good faith” overcomes constitutional deficits in probable cause and particularity. However, there are four categorical exceptions to the “good faith” doctrine:

Answer 5

1. The affidavit supporting the warrant application is so egregiously lacking in probable cause that no reasonable officer would have relied on it.
2. The warrant is so facially deficient in particularity that officers could not reasonably presume it to be valid.
3. The affidavit relied upon by the magistrate contains knowing or reckless falsehoods that are necessary to the probable cause finding.
4. The magistrate who issued the warrant is biased in favor of the prosecution.

Question 6

Can a warrant that is invalid due to the absence of probable cause or particularity still be saved if officers relied on it in “good faith?”

Answer 6

On the MBE part of the exam only.

NY does not accept this doctrine.

Question 7

What does a warrant allow police to search?

Answer 7

In executing the warrant, officers are allowed to search only those areas and items authorized by the language of the warrant.

Question 8

May officers detain people during the execution of a warrant?

Answer 8

When executing a search warrant, officers may detain occupants found within or immediately outside the residence (e.g., the front steps or adjacent pathway) at the time of the search.

Question 9

“Knock and Announce” rule

Answer 9

This rule requires police to “knock and announce” their presence and their purpose before forcibly entering the place to be searched, unless the officer reasonably believes that doing so would be:

1. futile; or
2. dangerous; or
3. would inhibit the investigation.