933 SEARCH & INSPECTON WARRANTS Flashcards

1
Q

CAN A SEARCH WARRANT BE EXECUTED ON SUNDAYS?

A

IF EXPRESSLY AUTHORIZED IN SUCH WARRANT BY THE JUDGE

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2
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

M1

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3
Q

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

A

M1

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4
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

M2

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5
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

(1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;
(2) Stolen or embezzled property is contained therein;
(3) It is being used to carry on gambling;
(4) It is being used to perpetrate frauds and swindles;
(5) The law relating to narcotics or drug abuse is being violated therein;
(6) A weapon, instrumentality, or means by which a felony has been committed, or evidence relevant to proving said felony has been committed, is contained therein;
(7) One or more of the following child abuse offenses is being committed there:
(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.
(8) It is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, boardinghouse, or lodginghouse;
(9) It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish being unlawfully kept therein;
(10) The laws in relation to cruelty to animals, as provided in chapter 828, have been or are being violated therein; or
(11) An instrumentality or means by which sexual cyberharassment has been committed or evidence relevant to proving that sexual cyberharassment has been committed is contained therein.

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6
Q
A
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