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Smith - FSS 933 - SEARCH AND INSPECTION WARRANTS > 933 > Flashcards

933 Flashcards

1
Q

A search warrant authorized by law may be issued by any _____, including the _____ of the trial court having jurisdiction where the place, vehicle, or thing to be searched may be

A

judge

committing judge

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2
Q

Upon proper affidavits being made, a search warrant may be issued: When the property shall have been ______ or _____ in violation of law

A

stolen or embezzled

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3
Q

Upon proper affidavits being made, a search warrant may be issued: When any property shall have been used:(a) As a means to _____;(b) In connection with _____, _____ or ______; or(c) In violation of s. 847.011 or other laws in reference to _____ or ______

A

commit any crime
gambling, gambling implements and appliances
obscene prints and literature

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4
Q

Upon proper affidavits being made, a search warrant may be issued: When any property constitutes evidence relevant to proving that ______;

A

a felony has been committed

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5
Q

Upon proper affidavits being made, a search warrant may be issued: When any property is being held or possessed:(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of ______;(b) In violation of the _____ and _____ laws;(c) In violation of the laws relative to _____ and _____; (d) In violation of the laws relative to _____ pursuant to s. 581.184

A

intoxicating liquors
fish and game
food and drug
citrus disease

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6
Q

Upon proper affidavits being made, a search warrant may be issued: When the laws in relation to ______, as provided in chapter 828, have been or are violated in any particular building or place

A

cruelty to animals

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7
Q

All obscene prints and literature, or other things mentioned in s. 847.011 found by an officer in executing a search warrant, or produced or brought into court, shall be safely kept so long as is necessary for the purpose of being used as _______, and as soon as may be afterwards, _____ by order of the court before whom the case is brought.

A

evidence in any case

shall be destroyed

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8
Q

The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon _____, supported by oath or affirmation particularly describing the _____ and _____ and _____

A

probable cause
place to be searched
the person
thing to be seized

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9
Q

A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued _____, and any such warrant shall be returned within _____ after issuance thereof.

A

in blank

10 days

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10
Q

The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application. The affidavit and further proof, if same be had or required, must set forth the facts tending to establish the_____ or _____ for believing that they exist.

A

grounds of the application or probable cause

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11
Q

the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a ______ prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant.

A

court proceeding

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12
Q

Who can get a search warrant for an entire county?

A

the department of agriculture and consumer services

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13
Q

If the Department of Agriculture and Consumer Services is issued a search warrant for an area up to and including the full extend of the county, who can serve it? when does it have to be returned?

A

employees or authorized contractors of the Department of Agriculture and Consumer Services
6 months from the date of issuance

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14
Q

Can a judge sign a search warrant electronically?

A

yes

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15
Q

The search warrant shall in all cases be served by ______, but by no other person except in aid of the officer requiring it, said officer being present and acting in its execution.

A

any of the officers mentioned in its direction

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16
Q

The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after _____ of the officer’s authority and purpose he or she is refused admittance to said house or access to anything therein.

A

due notice

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17
Q

A search warrant issued under this chapter may, _____ in such warrant by the judge, be executed by being served either in the daytime or in the nighttime, as the _____ of the occasion may demand or require

A

if expressly authorized

exigencies

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18
Q

Can a search warrant be served on a Sunday?

A

Yes, if expressly authorized in the warrant by a judge

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19
Q

All search warrants shall be issued in _____

A

duplicate

20
Q

The duplicate shall be delivered to the officer with the original warrant, and when the officer serves the warrant, he or she shall ______ to the person named in the warrant, or in his or her absence to some person in charge of, or living on the premises.

A

deliver a copy

21
Q

When property is taken under the warrant the officer shall deliver to such person a _____ and _____, specifying the same in detail, and if no person is found in possession of the premises where such property is found, shall leave the said receipt on the premises.

A

written inventory of the property taken

receipt for the same

22
Q

Upon the return of the warrant the officer shall attach thereto or thereon a _______ taken under the warrant, and at the foot of the inventory shall verify the same by affidavit taken before some officer authorized to administer oaths, or before the issuing officer, said verification to be to the following effect:I, A. B., the officer by whom the warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on said warrant.

A

true inventory of the property

23
Q

The judge to whom the warrant is returned, upon the request of any _____ or _____, or the officer who executed the search warrant, shall deliver to said applicant a true copy of the inventory of the property mentioned in the return on said warrant

A

claimant or any person from whom said property is taken

24
Q

If it appears to the judge before whom the warrant is returned that the property or papers taken are not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds upon which the warrant was issued, or if it appears to the judge before whom any property is returned that the property was secured by an “unreasonable” search, the judge can do what?

A

order a return of the property taken

25
Q

If property taken during service of a search warrant during an unreasonable or inappropriate search includes: slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, or other gambling devices, paraphernalia and equipment, or narcotic drugs, obscene prints and literature, can a judge order it returned to the claimant?

A

No, it is considered contraband and no one has property rights

26
Q

claimant of said contraband may upon sworn petition and proof submitted by him or her in the circuit court of the county where seized, show that said contraband articles so seized were held, used or possessed in a _____, ______ and ______ the burden of proof in all cases being upon the claimant for the return

A

lawful manner, for a lawful purpose, and in a lawful place,

27
Q

officers showing probable cause to search without a warrant or incident to a legal arrest, and the finding of such slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, scratch sheets, or other gambling devices, paraphernalia, and equipment, including money used in gambling or in furtherance of gambling, or narcotic drugs, obscene prints and literature, or any of them, shall constitute prima facie evidence of the illegal possession of such contraband and the burden shall be _____ for the return thereof, to show that such contraband was lawfully acquired, possessed, held, and used.

A

upon the claimant

28
Q

No intoxicating liquor seized on any warrant from any place other than a _____ shall be returned

A

private dwelling house

29
Q

If intoxicating liquor is seized, the burden of proof is on the claimant to show that the liquor was _____, _____, _____ and _____

A

lawfully acquired, possessed, held, and used.

30
Q

perishable property held or possessed in violation of law may be _____ where the same is not prohibited, as may be directed by the court, or ______

A

sold

returned

31
Q

Whoever shall knowingly and willfully obstruct, resist, or oppose any officer or person aiding such officer, in serving or attempting to serve or execute any search warrant, or shall assault, beat or wound any person or officer, or his or her deputies or assistants, knowing him or her to be such an officer or person so authorized, shall be guilty of a ______

A

misdemeanor of the first degree

32
Q

Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be guilty of a ______

A

misdemeanor of the first degree

33
Q

Any officer who in executing a search warrant willfully exceeds his or her authority or exercises it with unnecessary severity, shall be guilty of a ______

A

misdemeanor of the second degree

34
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: It is being used for the unlawful sale, possession, or manufacture of ______

A

intoxicating liquor

35
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: _____ or _____ property is contained therein;

A

Stolen or embezzled

36
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: It is being used to carry on _____;

A

gambling

37
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: It is being used to perpetrate _____ and _____;

A

frauds and swindles

38
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: The law relating to _____ or _____ is being violated therein;

A

narcotics or drug abuse

39
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: A _____, ______ or ______ by which a felony has been committed, or ______ relevant to proving said felony has been committed, is contained therein;

A

weapon, instrumentality, or means

evidence

40
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: One or more of the following child abuse offenses is being committed there: (3)

A

(a)  Interference with custody, in violation of s. 787.03.
(b)  Commission of an unnatural and lascivious act with a child, in violation of s. 800.02.
(c)  Exposure of sexual organs to a child, in violation of s. 800.03.

41
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: It is in part used for some business purpose such as (7)

A

store, shop, saloon, restaurant, hotel, boarding house, or lodging house

42
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: It is being used for the unlawful _____, ______ or ______ of wildlife, saltwater products, or freshwater fish being ______ therein;

A

sale, possession, or purchase

unlawfully kept

43
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: The laws in relation to ______, as provided in chapter 828, have been or are being violated therein;

A

cruelty to animals

44
Q

No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: An instrumentality or means by which _____ has been committed in violation of s. 784.049, or evidence proving that it has been committed in violation of s. 784.049, is contained therein

A

sexual cyberharassment

45
Q

If, during a search pursuant to a warrant issued under this section, a child is discovered and appears to be in ______, the law enforcement officer conducting such search may remove the child from the private dwelling and take the child into ______ pursuant to chapter 39.

A

imminent danger

protective custody

46
Q

The term ______ shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodginghouse.

A

“private dwelling”

47
Q

The provisions of the opinion rendered by the Supreme Court of the United States on _____, in that certain cause wherein _____ were plaintiffs in error and the _____ was defendant in error, reported in 267 United States Reports, beginning at page 132, relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise, and construing the _____ to the Constitution of the United States, are adopted as the statute law of the state applicable to searches and seizures under s. 12, Art. I of the State Constitution, when searches and seizures shall be made by any duly authorized and constituted bonded officer of this state exercising police authority in the enforcement of any law of the state relative to the unlawful transportation or hauling of intoxicating liquors or other contraband or illegal drugs or merchandise prohibited or made unlawful or contraband by the laws of the state.

A

March 2, 1925
George Carroll and John Kiro
United States
Fourth Amendment

Smith - FSS 933 - SEARCH AND INSPECTION WARRANTS (1 decks)

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