Fourth Amendment - Search Warrant Requirements

Question 1

What are the requirements for search warrants?

Answer 1

1. Probable cause

2. Particularity

Question 2

What is required during the execution of a warrant?

Answer 2

1. Executed by police officer
2. Timely executed
3. Knock + announce
4. Places + persons named in warrant
5. Unnamed persons only if occupying premises

Question 3

What is required for a valid search warrant?

Answer 3

1. Issued by neutral, detached magistrate
2. Based on finding of probable cause
3. Supported by oath / affidavit
4. Describe places / items to be searched

Question 4

Where can probable cause come from?

Answer 4

1. Police officer’s personal observations
2. Information from informants
3. Evidence from (a) reasonable suspicion stops, (b) plain view evidence, OR (c) consensual search evidence

Question 5

When can defendant challenge a warrant?

Answer 5

Preponderance of evidence that (1) false statements made >= recklessly AND (2) false statements necessary for probable cause

Question 6

What is an anticipatory warrant?

Answer 6

There is probable cause to believe that an event placing the contraband at a location will occur, placing the contraband at the location

Question 7

What categories of items can be searched pursuant to a warrant?

Answer 7

Items sought are either (1) fruits of a crime, (2) instrumentalities, or (3) evidence of a crime