Obtaining search warrants

Question 1

The heart of the warrant requirement is that warrants are issued by a _________ _______

Answer 1

Neutral magistrate

Question 2

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

Answer 2

Personally

Question 3

True or False when faced with a marginal search warrant, the law directs judges resolve the matter in favor of the police ?

Answer 3

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)

Question 4

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 ?

Answer 4

Return to the magistrate and present the information in writing for a new probable cause determination

Question 5

A ______ _____ does not nullify a warrant because it does not impact its underlying information

Answer 5

Clerical error

Question 6

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 _______

Answer 6

3
Public

Question 7

There must be a connection, outlined in the affidavit, between the items to be _______ and the place to be _______

Answer 7

Seized
Searched

Question 8

What are the four considerations when determining staleness

Answer 8

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)

Question 9

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

Answer 9

False
(Sex offenders hang on to their collections so staleness is not an issue)

Question 10

The passage of time becomes less important and staleness becomes less of a factor when the crime is _______

Answer 10

Continuing

Question 11

True or False. Child pornography in computer files becomes stale after there is evidence that the files were probably deleted

Answer 11

False
(Expert opinions in affidavit showed that files could be recovered long after being deleted)

Question 12

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 __________ _______

Answer 12

Anticipatory warrant

Question 13

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?

Answer 13

Triggering event

It must be written in the affidavit, however, it does not need to be in the warrant.

Question 14

The warrant must be _______ describe the premises to be searched and the articles to be seized

Answer 14

Particularly
(This is the command of the Fourth Amendment and Article 14)

Question 15

Officers have adequately described the premises to be searched if……

Answer 15

No reasonable probability exists that a place, other than one intended under the warrant, will be mistakenly searched

Question 16

Under 138/42 a search warrant for alcoholic beverage must be based on the complaint of _______ ______

Answer 16

two adults

Question 17

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

Answer 17

One Month

Question 18

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 ________ ______ ______ _______

Answer 18

Third party search warrant

Question 19

Third party warrants are severely limited and restricted when dealing with what three professions

Answer 19

Lawyers
Therapist
Clergy

Question 20

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

Answer 20

False

Question 21

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

Answer 21

True

Question 22

If a search warrant is only partially valid with probable cause for listed items officers may still ______ the improperly listed items

Answer 22

Seize
(This legal rule gives benefit of the doubt to officers who attempt to list all items in their warrant application)

Question 23

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)

Answer 23

1) Issued by a judge

2) Supported by a “strong showing of particularized need and a high degree of probable cause “

Question 24

A search warrant that authorizes the search of “any person present” is valid if there is _____ ______ to believe that any person present is………..

Answer 24

Probable Cause
Likely to be a participant in the targeted crime

Question 25

What are the four factors emphasized when getting an all persons present warrant ?

Answer 25

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)

Question 26

The authorization to search All person does not include known _______

Answer 26

Occupants
(occupants must be specifically be listed in a search warrant)

Question 27

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

Answer 27

Intentionally or with reckless disregard for the truth

Question 28

The hearing a court conducts to decide Intentional or with reckless disregard of the truth was established by the case of _________v_________

Answer 28

Frank V Delaware

Question 29

True or false. False information does not affect the integrity of the warrant if the affiant did not lie

Answer 29

True
(If the affiant can prove that he in good faith believed that the information he used was true)

Question 30

What is a Amral hearing

Answer 30

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