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PRO 2024 > Chapter 13- Obtaining search warrants > Flashcards

Chapter 13- Obtaining search warrants Flashcards

1
Q

Who must issue a search warrant?

A

A neutral magistrate

The magistrate must be neutral and detached.

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2
Q

What can a search warrant authorize?

A

To search anywhere in the commonwealth

This indicates the broad jurisdiction of the warrant.

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3
Q

What is required for an officer to submit an affidavit?

A

The officer must personally appear

Communication by phone or fax is rare and only if all options are exhausted.

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4
Q

On what basis is the decision for probable cause (PC) made?

A

Based on only written facts ‘within the four corners’

This means the affidavit must contain all necessary information without external references.

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5
Q

How should marginal cases be resolved?

A

In favor of the police

This suggests a bias towards law enforcement in ambiguous situations.

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6
Q

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

A

Submit additional information

This allows for resubmission to satisfy the probable cause requirement.

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7
Q

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

A

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

Investigators do not have to reveal steps that do not yield useful information.

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8
Q

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

A

You must re-apply for the warrant with that information.

Exculpatory evidence refers to evidence that may be favorable to the defendant.

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9
Q

Does a clerical error nullify a warrant?

A

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.

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10
Q

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

A

The failure to sign the warrant was deemed a good error since the judge intended to sign it.

This indicates that the intention behind the action matters in legal contexts.

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11
Q

What is the time frame for returning a warrant to court after it is issued?

A

The warrant must be returned to court within three days of being returned to the judge or clerk.

This ensures timely processing of legal documents.

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12
Q

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

A

They become public documents.

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

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13
Q

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

A

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.

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14
Q

Fill in the blank: An affidavit must explain why evidence is probably located at the place to be _______.

A

[searched].

This is crucial for establishing probable cause.

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15
Q

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

A

True.

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

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16
Q

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

A
  • Type of crime
  • Nature of the item
  • Suspect’s opportunity to conceal
  • Normal inferences

These factors help justify the need for a search warrant.

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17
Q

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

A

It supports probable cause to search for related items

The presence of stolen credit cards can indicate involvement in criminal activity, justifying further investigation.

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18
Q

In the case of a husband and wife where the husband poisoned the wife, what justified the search of the computer?

A

The probable cause existed due to the husband’s fake acceptance to Harvard and subsequent firing

This establishes a motive and potential evidence of premeditation.

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19
Q

What can a police officer infer when they find ‘useful items’ in a house?

A

That those items are likely to remain in the house

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

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20
Q

What items might be considered ‘useful’ when establishing probable cause?

A
  • Knives
  • Sneakers
  • Clothing
  • Facemasks

These items could be relevant in investigations related to various crimes.

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21
Q

What is the significance of multiple sales in establishing probable cause for a residence?

A

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.

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22
Q

What can police infer from a suspect leaving their house twice to sell drugs?

A

It is considered good evidence for establishing probable cause for a search warrant at the house

The repeated behavior suggests a pattern that may indicate the house is used for drug-related activities.

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23
Q

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

A

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.

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24
Q

What does staleness refer to in legal terms regarding search warrants?

A

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

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

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25
Q

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

A

False

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

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26
Q

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

A

stash house

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

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27
Q

What is required to support a search warrant at a house based on drug sales?

A

Evidence of multiple drug sales or consistent behavior indicating drug activity

This can include the suspect arriving in a vehicle for each sale.

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28
Q

What determines whether information is considered stale?

A

The facts of each case

Staleness is determined by various factors surrounding the crime and circumstances.

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29
Q

What are the variables to consider when assessing staleness?

A
  • 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.

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30
Q

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

A

True

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

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31
Q

Fill in the blank: A pistol last seen three months prior but seen consistently for ______ years is not considered stale.

A

[two]

Consistent sightings over an extended period can indicate the item’s continued presence.

32
Q

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

A

Stolen coins

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

33
Q

Are personal use drugs seen a week earlier stale

A

Yes

34
Q

Is a knife used in a stabbing stale 18 days later if the person doesn’t know the police are aware

A

No

35
Q

How does the duration of possession affect the staleness of digital evidence like pornographic images?

A

Digital evidence such as pornographic images can be considered ‘not stale’ even after several months, indicating that offenders may retain such material long-term

For instance, an image uploaded seven months prior was still deemed relevant.

36
Q

What is an anticipatory warrant? What is the most important part

A

An anticipatory warrant allows police to seek a warrant in advance based on probable cause that evidence will arrive at a specific location

TRIGGERING EVENT

It is crucial to outline the triggering event that justifies the anticipatory warrant.

37
Q

What is an example of ongoing criminal enterprise evidence?

A

Ongoing criminal enterprise evidence can include multiple controlled buys and informant statements confirming continued illegal activity over time

An example includes a large controlled buy coupled with multiple other purchases and informants noting activity 15 months later.

38
Q

Fill in the blank: Deleted computer files can be considered ______ because they can be retrieved long after deletion.

A

not stale

This indicates that the potential for recovery of deleted files maintains their relevance in investigations.

39
Q

What must a warrant particularly describe?

A

The premises to be searched and items to be seized

This ensures that searches are specific and not overly broad.

40
Q

What makes a warrant adequate in describing a place?

A

It is unlikely that the wrong place would be searched

Adequacy is assessed based on the precision of the location described.

41
Q

Is the name of the owner or occupant needed for a warrant to be valid?

A

No

The description of the premises is sufficient for a warrant.

42
Q

Fill in the blank: A warrant is _______ if it does not adequately describe the premises.

A

NO GOOD

This highlights the importance of specificity in warrant descriptions.

43
Q

CL- warrant described place to be searched as third floor apartment at 8 gannett road, unknown to officers there was 3 apartments in the third floor, affidavit included sign on door and access from side door- was this Particular enough

A

Yes

44
Q

When police know or should know about multiple apartments in a building they must specify unless

A

Suspect has access to all units or police are legitimately unaware of layout

45
Q

Knowing the layout of the building and describing unit as #17 with yellow sticker on the door, officers find number #17 across from yellow sticker - sufficient?

A

No

46
Q

Not knowing the layout of the apartments and get to the floor and find two, enter both and apologize to wrong one - sufficient?

A

Yes

47
Q

What are the five classifications for evidence?

A
  • Fruits of Crime
  • Instrumentalities
  • Contraband
  • Dead Body
  • Living person with a warrant

These classifications help in categorizing different types of evidence collected during investigations.

48
Q

What is required for proper descriptions in warrants?

A

A specific description of possible items must be provided

Vague descriptions such as ‘items taken in recent house breaks’ are not acceptable.

49
Q

Is the description ‘stolen jewelry or coins’ acceptable in a warrant?

A

No, it is not acceptable.

Descriptions must be more specific to be valid.

50
Q

What does having probable cause but lacking specific knowledge allow for?

A

It allows for a general description.

General descriptions can still be valid if they provide enough context for the investigation.

51
Q

Why was the search for ‘stolen vehicles’ considered good?

A

Because it allows for checking the VIN.

The VIN (Vehicle Identification Number) provides a specific identifier for vehicles.

52
Q

What is required for a Marijuana Warrant?

A

Must have probable cause (PC) that individuals are involved in illegal activity

This refers to the legal standard needed to obtain a warrant for searching premises related to marijuana activities.

53
Q

What are the personal use limits for adults over 21 regarding marijuana?

A

Can have marijuana for personal use at primary residence with a maximum of 12 plants

This applies only if the individual does not have a medical marijuana card or cultivation license.

54
Q

True or False: Adults without a medical marijuana card can sell marijuana.

A

False

Any sales or intended sales of marijuana are prohibited for adults without the appropriate licenses.

55
Q

What constitutes illegal cultivation of marijuana?

A

Any violation of the personal use limits

This includes exceeding the number of plants allowed or selling marijuana.

56
Q

What are the restrictions of the Medical Marijuana Program for patients with a hardship license?

A

Grow up to 10 ounces every 60 days and cannot distribute or intend to distribute

This is designed to limit the amount of marijuana a patient can cultivate for personal medical use.

57
Q

Fill in the blank: A case involving a kid with a medical marijuana license found after a home invasion resulted in charges of _______.

A

Possession with intent to distribute (PWID)

The case highlighted that possession without excess marijuana can still lead to distribution charges if other evidence indicates intent.

58
Q

What is the exception to the search warrant requirement for alcoholic beverages?

A

Underage drinking is considered exigent circumstances

This allows law enforcement to enter and secure premises without a warrant if they suspect underage drinking.

59
Q

What is required for a warrant concerning underage drinking or sale?

A

At least two adult complaints

A warrant must be based on the complaint of at least two adults regarding underage drinking or sale at a business or dwelling. If directed towards a dwelling, there must be at least one complaint within the past month.

60
Q

What are the limitations on searching third parties such as lawyers, clergy or therapists

A

Must convince a judge that evidence will be destroyed or that they’re involved in the crime

There are specific limits on searching individuals like lawyers, therapists, or clergy, requiring justification to a judge.

61
Q

What makes a warrant potentially invalid?

A

Affidavit fails to establish probable cause for certain items

A warrant may be deemed partially defective if the affidavit does not sufficiently establish probable cause for specific items.

62
Q

True or False: Police may seize improperly included items even if probable cause is not approved in the warrant.

A

True

Although probable cause may not be approved for specific items, police can still seize those items if they are found during a lawful search for other items.

63
Q

Fill in the blank: A warrant must be based on the complaint of at least ______ adults for underage drinking or sale.

A

two

64
Q

What is the standard required for a body cavity search?

A

A higher standard of probable cause is needed

A body cavity search must be signed by a judge and supported by a high degree of probable cause.

65
Q

What must be included in a search warrant for all persons present? If occupants aren’t listed are they automatically included?

A

Specific names of known occupants must be listed, if not they ARE NOT included

An all person warrant does not include known occupants unless they are specifically listed.

66
Q

Under what circumstances can search warrants for a person be issued?

A

When there is probable cause that the person is involved in criminal activity

Search warrants for individuals cannot be broad; they must be based on specific probable cause.

67
Q

What are some factors that may justify an all persons warrant?

A
  • Premise is small and confined
  • Criminal activity involves shifting participants
  • Items are easily concealed
  • Presence of unconnected persons in the premises

These factors help establish probable cause that anyone present may be a participant in the crime.

68
Q

What constitutes a fatal defect in affidavits for search warrants?

A
  • Based on information from an illegal search or interrogations
  • Reliance on false information furnished to police

Fatal defects invalidating affidavits can lead to the rejection of search warrants.

69
Q

True or False: Search warrants can be issued to search any person regardless of location.

A

False

Search warrants must be based on specific probable cause related to the individual being searched.

70
Q

What is a Franks Hearing?

A

A hearing where the defendant can allege that information in the affidavit is false.

71
Q

What must be demonstrated for a Franks Hearing to be held?

A

A well-founded suspicion.

72
Q

What happens if a false statement is removed from an affidavit and probable cause no longer exists?

A

The evidence is SUPPRESSED.

73
Q

What is the result if the affiant did not lie about false information in the affidavit?

A

The integrity of the warrant is not affected.

74
Q

What is an Amaral Hearing?

A

An IN CAMERA hearing to determine if a Franks Hearing is warranted.

75
Q

In the context of a Franks Hearing, what must the police affiant include?

A

True statements and accurate information.

76
Q

Fill in the blank: A Franks Hearing can be requested if a police affiant included a false statement made _______.

A

[intentionally or with reckless disregard of the truth]

77
Q

True or False: A K9 handler’s false statement about the dog’s training can lead to evidence being suppressed.

A

True.

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