Lombos - Search Warrants Flashcards
403) Unless justified by an exception (consent, incident to arrest, exigent ________, vehicle, etc.), a search of private property may lawfully be conducted __________ if authorized by a search warrant.
circumstances
only
404) Under the “_________ faith” exception to the exclusionary rule created by the Supreme Court in __________(1984) 468 U.S. 897, evidence you obtain with a warrant (search or arrest) that a reasonable officer objectively would believe is valid will be admissible in court even if the warrant is later found to be invalid.
Good
Leon
405) “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
406) The following must appear in the warrant:
- the names of all _____;
- the statutory grounds for issuance (Pen. Code, § 1524)
- a description of the places and/or persons to be searched;
- a description of the things or property to be seized;
- an indication by the _______ if nighttime search is authorized;
- the magistrate’s signature; and
- the date issued.
affiants
magistrate
407)An ______ 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 place or person to be searched or searched for, and the property or things to be seized.
affidavit
408) Only ______ may authorize a search warrant. Magistrates are judges of the superior courts, courts of appeal, and the state supreme court.
magistrates
409) statutory grounds for issuance of a search warrant. One or more of these grounds must be checked on the face of the warrant.
“(1) When the property was stolen or embezzled.
“(2) When the property or things were used as the means of committing a _____.
“(3) When the property or things are in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom he or she may have delivered it for the purpose of concealing it or preventing its being discovered.
“(4) When the property or things to be seized consist of any item or constitute any evidence that tends to show a _____ has been committed, or tends to show that a particular person has committed a felony.
“(5) When the property or things to be seized consist of evidence that tends to show that _____ exploitation of a child, in violation of Section 311.3 or possession of matter depicting sexual conduct of a person under the age of 18 years, in violation of section 311.11, has occurred or is occurring.
“(6) When there is a warrant to arrest a person.
“(7) When a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery.
“(8) When the property or things to be seized include an item or any evidence that tends to show a violation of Section 3700.5, of the Labor Code, or tends to show that a particular person has violated Section 3700.5, of the Labor Code.
“(9) When the property or things to be seized include a ______ or any other deadly weapon at the scene of, or at the premises occupied or under the control of the person arrested in connection with, a domestic violence incident involving a threat to human life or a physical assault as provided in Section 18250, This section does not affect warrantless seizures otherwise authorized by Section 18250.
(10) When the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, a person described in subdivision (a) of Section 8102, of the Welfare and Institutions Code.
“(11) When the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person who is subject to the prohibitions regarding firearms pursuant to Section 6389, of the Family Code, if a prohibited firearm is possessed, owned, in the custody of, or controlled by a person against whom a protective order has been issued pursuant to Section 6218, of the Family Code, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law.
“(12) When the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code”
(13) When a sample of the blood of a person constitutes evidence that tends to show a violation of Section 23140, 23152, or 23153, of the Vehicle Code and the person from whom the sample is being sought has refused an officer’s request to submit to, or has failed to complete, a blood test as required by Section 23612 of the Vehicle Code, and the sample will be drawn from the person in a reasonable, medically approved manner. This paragraph is not intended to abrogate a court’s mandate to determine the propriety of the issuance of a search warrant on a case-by-case basis.”
felony
felony
sexual
firearm
410) In the search warrant context, “______ _____” means enough credible information to reasonably provide a “fair probability” that the object you seek will be found at the place you want to search.
probable cause
411) The element of “____,” that is, the relationship between your information and obtaining the warrant, is always crucial to the concept of probable cause. The probable cause requirement “looks to whether evidence will be found when the search is conducted.”
time
412) ______ search warrants–warrants issued based on a sufficient showing that evidence will be located at a specific place at some future time–are constitutional under the Fourth Amendment.
Anticipatory
413) Informant information must meet the two prong test of: Basis of _______ prong and the Veracity prong.
knowledge
414)DESCRIBING THE PLACE TO BE SEARCHED The place(s), thing(s), or person(s) to be searched or searched for must be described with "reasonable \_\_\_\_\_\_\_" in both the warrant and the affidavit.
particularity
415) Search warrants shall be served only between the hours of ________ a.m. and _______ p.m. unless nighttime search is justified by the exigencies of the situation
7
10
416) Time Limits for Service and Return- Except for tracking device search warrants, a search warrant shall be executed and returned within __ days from issuance. This limit means that you have _______ days within which to ________ the warrant, beginning with the day _______ the warrant is issued and running until midnight of the ______ day, with no exceptions for weekends or holidays.
10 10 execute after 10th
417) Tracking Device Warrants- A tracking device search warrant shall identify the person or property to be tracked and shall specify a reasonable length of time, not to exceed ______ days from the date the warrant is issued, that the device may be used. Execution of the warrant shall be completed no later than _______ days immediately after the date of issuance. A warrant executed within this 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant shall be void, unless it has been executed.
No later than 10 calendar days after the use of the tracking device has ended, the officer who executed the tracking device warrant shall serve a copy of the warrant on the person who was tracked or whose property was tracked.
30
10
