Obtaining search warrants Flashcards
The heart of the warrant requirement is that warrants are issued by a _________ _______
Neutral magistrate
Except in rare cases where communication by fax or telephone is permitted, the officer submitting an affidavit for a warrant must _______ appear before the magistrate
Personally
True or False when faced with a marginal search warrant, the law directs judges resolve the matter in favor of the police ?
True
( This encourages the use of warrants, Even a poorly written affidavit cant be given denied but given another chance to resubmit with more facts to support probable cause)
What should officers do if they obtain a search warrant from a magistrate and then obtain information that casts doubt on the magistrates probable cause decision ?
Return to the magistrate and present the information in writing for a new probable cause determination
A ______ _____ does not nullify a warrant because it does not impact its underlying information
Clerical error
Under 276/2B the judge or clerk who issues the search warrant must deliver the original affidavit within _____days to the court where the warrant will be returned. When the police return the warrant ,”the affidavit and warrant unite, the affidavit becomes _______
3
Public
There must be a connection, outlined in the affidavit, between the items to be _______ and the place to be _______
Seized
Searched
What are the four considerations when determining staleness
1) The character of the crime (Ex: Chance encounter in the night or regenerating conspiracy)
2)The character of the criminal( Ex: Nomadic or entrenched)
3) The character of the thing to be seized (Ex: Perishable and easily transferable or of enduring utility to its owner)
4) The character of the place to be searched (Ex: Mere criminal forum of convenience or secure operational base)
True or False. A recent report that child pornography was seen on the defendants camera five year props is stale information for a search warrant to seize the camera
False
(Sex offenders hang on to their collections so staleness is not an issue)
The passage of time becomes less important and staleness becomes less of a factor when the crime is _______
Continuing
True or False. Child pornography in computer files becomes stale after there is evidence that the files were probably deleted
False
(Expert opinions in affidavit showed that files could be recovered long after being deleted)
Police officers who have probable cause to believe that evidence will arrive at a certain location in the future may seek a warrant, in advance, to search the location when the evidence arrives this is called a __________ _______
Anticipatory warrant
The clear, explicit and narrowly drawn conditions for the execution of an anticipatory warrant is called the ______ ______ . Where must this information be written down for the issuing magistrate?
Triggering event
It must be written in the affidavit, however, it does not need to be in the warrant.
The warrant must be _______ describe the premises to be searched and the articles to be seized
Particularly
(This is the command of the Fourth Amendment and Article 14)
Officers have adequately described the premises to be searched if……
No reasonable probability exists that a place, other than one intended under the warrant, will be mistakenly searched
Under 138/42 a search warrant for alcoholic beverage must be based on the complaint of _______ ______
two adults
Under 138/43 if the search warrant for alcohol is directed to a dwelling, one of the complaints must communicate that illegal beverages were kept or sold from the dwelling within ____ ____ prior tot he issuance of the warrant
One Month
If the evidence is in the possession of someone who is not suspected of the criminal activity, then police must seek what is known as a ________ ______ ______ _______
Third party search warrant
Third party warrants are severely limited and restricted when dealing with what three professions
Lawyers
Therapist
Clergy
True or False. Due to attorney client privilege concerns, a search warrant may not be issued for a clients cellphone if its being held by his attorney
False
True or false. Police access to the files of lawyers, therapists or religious officials is severely restricted unless a judge believes that evidence will be destroyed or one of these officials is actually participating in the crime
True
If a search warrant is only partially valid with probable cause for listed items officers may still ______ the improperly listed items
Seize
(This legal rule gives benefit of the doubt to officers who attempt to list all items in their warrant application)
Because of the intrusive nature of the body cavity search, police officers must satisfy a higher need then probable cause. The body cavity warrant must be based on (2)
1) Issued by a judge
2) Supported by a “strong showing of particularized need and a high degree of probable cause “
A search warrant that authorizes the search of “any person present” is valid if there is _____ ______ to believe that any person present is………..
Probable Cause
Likely to be a participant in the targeted crime
What are the four factors emphasized when getting an all persons present warrant ?
1) The premises to be search are small, confined and private
2) the criminal activity involves shifting participants (So it is practically impossible for police to predict who will be there at a given time)
3) The items targeted are easily concealed
4) whether a person unconnected with the illegal activity have been on the premises. (this information lets the magistrate assess the risk of the innocent people being searched)
The authorization to search All person does not include known _______
Occupants
(occupants must be specifically be listed in a search warrant)
The results of a search are suppressed if the court finds that: 1) Statements in the search warrant affidavit was in fact false; 2) the false statement was made _______ __ ___ _____ ______ __ ______, and the statement is material, because without it, insufficient information remains for probable cause
Intentionally or with reckless disregard for the truth
The hearing a court conducts to decide Intentional or with reckless disregard of the truth was established by the case of _________v_________
Frank V Delaware
True or false. False information does not affect the integrity of the warrant if the affiant did not lie
True
(If the affiant can prove that he in good faith believed that the information he used was true)
What is a Amral hearing
Is a procedure that requires a judge to hold an IN CAMERA (private) hearing. The purpose of this Amral hearing is to determine if the defendant deserves a Franks hearing
