CPOLS Search Warrants Flashcards
What are the three components of the warrant process?
Application, issuance, execution
Even though courts are supposed to accord due deference to search warrants, search warrants can nevertheless be ruled invalid. Therefore, it is strongly suggested that all search warrants be reviewed by ____ _____ prior to presentation to a magistrate.
Legal counsel
A ______ ______ is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, bring the same before the magistrate.
Search warrant
An affidavit is a separate document from the warrant. It is made under oath, states the “probable cause” for the search and the statutory grounds for issuance, and describes the ___or _____ to be searched or searched for and the property or things to be seized.
Place, person
Only _______ may authorize a search warrant.
Magistrates
In the search warrant context, “probable cause” means enough credible information to reasonably provide a ____ _____that the object you seek will be found at the place you want to search
“fair probability
In order to satisfy this requirement, the warrant must place a “meaningful restriction” upon the objects to be seized. It is necessary to describe the items to be seized as ______ as possible.
Specificall
Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant shall be served only between the hours of ___ and ___.
7 am, 10 pm
A search warrant shall be executed and returned within __ days from issuance.
10
It is _____ to enter forcibly and execute a search warrant even though you believe no one is at the premises
Legal
There are two different ways police may, under limited circumstances, secure premises while they obtain a search warrant: (1) by actually entering premises that may be occupied; or (2) by staying outside _______ premises and preventing others from entering.
Unoccupied
The Fourth Amendment says nothing specific about formalities in exercising a warrant’s authorization.” (Banks (2003) 540 U.S. 31, 35.) If the occupants are present, it is the practice to show them the____ _____ and give them a copy. (Nunes (1980) 100 Cal.App.3d 915, 935-937.) However, the Fourth Amendment does not require that the officer executing a warrant present the occupant with a copy before conducting the search
original warrant
In addition to persons named in the warrant, you are entitled to detain and pat-search persons who have demonstrated a _______ with the premises, such as by already being inside, or by having a key, walking in without knocking, etc
Connection
. With a search warrant, you must give a detailed ____ for the seized property to those from whom it was taken. If no one is present, leave it where the property was found
Receipt
In general, a single warrant authorizes only a single search. Thus, you may be acting ______ if you complete the original search, go back to the station, and then decide to return to the premises and look again for something you overlooked or did not find the first time.
Illegally
