Question 1

Who must issue a search warrant?

Accepted Answer

A neutral and detached magistrate

Question 2

Where can a search warrant authorize a search place take

Accepted Answer

To search anywhere in the commonwealth

Question 3

In what manner must a search warrant be applied for

Accepted Answer

The officer must personally appear In writing

Question 4

What information is considered when determining if the search warrant will be issued

Accepted Answer

Based on only written facts 'within the four corners'

Question 5

How should marginal cases of search warrants be resolved

Accepted Answer

In favor of the police

Question 6

What can be done if the first affidavit does not establish probable cause?

Accepted Answer

Submit additional information in writing

Question 7

Is it necessary to disclose all steps of an investigation when establishing probable cause?

Accepted Answer

No, only the steps necessary to establish probable cause need to be disclosed.

Question 8

What must be done if exculpatory evidence is obtained after a warrant is issued?

Accepted Answer

You must re-apply for the warrant with that information. Exculpatory evidence refers to evidence that may be favorable to the defendant.

Question 9

Does a clerical error nullify a warrant?

Accepted Answer

No, a clerical error does not nullify a warrant as it does not impact the underlying information. An example of a clerical error could be a typo in the warrant.

Question 10

What was the outcome of the case where the judge failed to sign the warrant?

Accepted Answer

Warrant was still good as the Judge intended to sign it

Question 11

After the warrant is returned to the judge how long do they have to bring it to the court

Accepted Answer

Three days This ensures timely processing of legal documents.

Question 12

What happens to the affidavit and warrant when returned by the police?

Accepted Answer

They become public documents. However, a prosecutor can petition for it not to be made public.

Question 13

What must an affidavit explain regarding the evidence and the place to be searched?

Accepted Answer

It must explain why evidence is probably located at the place to be searched. This explanation can be based on circumstantial evidence and reasonable inferences.

Question 14

True or False: The nature of the crime can be a basis for establishing probable cause in an affidavit.

Accepted Answer

True. The type of crime can provide context for the likelihood of evidence being found at a specific location.

Question 15

What are four factors that can be included in an affidavit to establish probable cause?

Accepted Answer

Type of crime Nature of the item Suspect's opportunity to conceal Normal inferences These factors help justify the need for a search warrant.

Question 16

What is the legal significance of finding stolen credit cards at a suspect's house?

Accepted Answer

It supports probable cause to search for related items The presence of stolen credit cards can indicate involvement in criminal activity, justifying further investigation.

Question 17

Husband poisoned his wife and created a fake acceptance letter to Harvard after being fired from work, this provided PC to search what

Accepted Answer

His computer

Question 18

These items are more likely to remain in the house after they are used in a crime

Accepted Answer

Useful items Useful items are less likely to be disposed of, aiding in establishing probable cause.

Question 19

What items might be considered 'useful' when establishing probable cause?

Accepted Answer

Knives Sneakers Clothing Facemasks These items could be relevant in investigations related to various crimes.

Question 20

What is needed to establish PC of drug dealing out of a home for a SW

Accepted Answer

Multiple sales are needed to establish probable cause for searching a residence This is based on the legal standard that requires more than a single instance of drug dealing to justify a search warrant.

Question 21

What is a 'stash house' in the context of drug dealing?

Accepted Answer

A stash house is where a dealer meets drug runners, without any personal belongings or residency indicators Characteristics include no mail, no registration, and trash containing drug packaging.

Question 22

________ refers to the requirement that information must be recent enough to show that evidence is still present at the location

Accepted Answer

Staleness If the information is outdated, it may not support a search warrant.

Question 23

True or False: A single observation of a defendant selling drugs is sufficient for probable cause to search their residence.

Accepted Answer

False Multiple observations or sales are needed to establish a pattern indicating drug activity at a residence.

Question 24

Fill in the blank: Police may present evidence of a _______ to support a case against a drug dealer.

Accepted Answer

stash house Evidence can include the absence of personal items and presence of drug-related trash.

Question 25

Information being stale is determined based on

Accepted Answer

The facts of each case Staleness is determined by various factors surrounding the crime and circumstances.

Question 26

What are the variables to consider when assessing staleness? (5)

Accepted Answer

Character of the crime The criminal Things to be seized Place to be searched Durable vs Disposable items Each variable can influence the likelihood of evidence being present at the time of search.

Question 27

True or False: A stolen item is likely to be present five months later if it is durable.

Accepted Answer

True Durable items, like stolen coins, are less likely to be easily transferred and thus more likely to be found after some time.

Question 28

A pistol last seen three months prior but seen consistently for two years is considered

Accepted Answer

Not stale Consistent sightings over an extended period can indicate the item's continued presence.

Question 29

What is an example of a durable item that may not be considered stale after several months?

Accepted Answer

Stolen coins Their durability affects the likelihood of them being transferred or disposed of quickly.

Question 30

Are personal use drugs seen a week earlier stale

Accepted Answer

Yes

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Chapter 13- Obtaining search warrants Flashcards

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