criminal law and procedure

Question 1

Receipt of Stolen Property

Answer 1

Receipt of stolen property is receiving possession and control of personal property known to have been illegally obtained, with the intent to permanently deprive the owner of her interest in it.

Physical possession is not required—the defendant can have possession or control by designating the property’s location or arranging to sell it for the original thief. Property must have been stolen when the defendant received it and the defendant must know or have reason to know property is stolen.

Question 2

Warrant Requirements for All Searches, Unless an Exception Applies

Answer 2

Unless an exception applies, the government must have a properly executed warrant to conduct a search. The requirements for a valid warrant are (1) based on probable cause, (2) precise on its face (3) issues by a neutral and detached magistrate.

The warrant must describe with reasonable precision, the place, to be searched and/or items to be seized.