Module 4.2 Flashcards
Why need a warrant?
Access to a protected area; the 4th amendment states only 2 ways to go into a protected area are consent or a warrant
4th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Existent circumstances
Emergency conditions
Consent
Must prove the defendant voluntarily consented and there were no threats/promises. Consent can be withdrawn
Plain-view doctrine
Officer is lawfully in a place and has probable cause to believe an item is contraband, stolen, property or other evidence of a crime, officer can seize without search warrant
Motor vehicle exception
Diminished over time
If there was probable cause for an officer to secure a search warrant, may be impractical because vehicle is moveable
Need for CSI:
Application/affidavit
Search warrant
Inventory return
Application/affidavit
Must be written
Includes title, venue, ID of judge and affiant, crime, location to be searched, probable cause, specific items, directions to location, application, swearing
Who can issue a warrant?
Any judge
Grounds for search warrant
- When property is stolen/embezzled
- When property is used to commit crime, with gambling, in violation of laws in reference to obscene prints/literature
- When any property constitutes evidence relevant to proving a felony (can get warrant for non-felonies, but only in very specific situations)
Probable cause
Reasonable and prudent men
Where facts/circumstances are sufficient to warrant a belief crime is being committed
Chain of custody
Written documentation of any and all handling of evidence
