EPO 10/11 Flashcards
1
Q
General Rules of Warrants
A
4th Amendment requires searches/seizures to be conducted with a warrant supported by PC
Warrants are presumed reasonable
Searches/seizures without warrant presumed unreasonable (unless exception applies)
2
Q
Procedure for obtaining warrant
A
Gather articulable facts for PC
Prepare warrant
Judge reviews and issues warrant
Execute warrant (Knock & Announce)
3
Q
Rules for Executing Warrants (Criminal Procedure 41)
A
Staleness (within 14 days) Daytime execution (between 6a - 10p) Knock & Announce Reasonable Frisking Persons Present Return Warrant to judge
4
Q
Can AMO agents execute an arrest for non-immigration misdemeanor committed outside of their presence?
A
No
