Search and Seizure

Question 1

Can a general search warrant be issued?

Answer 1

No. Must specify places, things, or persons to be searched.

Question 2

What is a search warrant based on?

Answer 2

A complaint supported by a probable cause affidavit

Question 3

How long do police have to execute search warrant after its issued?

Answer 3

15 days or it is void

Question 4

Can no-knock warrants be served in VA?

Answer 4

No

Question 5

What type of officer can perform a search without a warrant?

Answer 5

Those empowered to enforce game laws or marine and fisheries laws

can search common carrier, storage room, or warehouse

Question 6

Motion to suppress evidence illegally seized

Answer 6

Must be made in timely fashion to avoid waiver

Denial of motion not appealable until finl judgment on the merits

Question 7

When can someone be strip searched?

Answer 7

with reasonable cause they are concealing a weapon (never children under 18 unless reasonable cause to believe they are concealing a weapon)

Question 8

Who can perform a strip search?

Answer 8

An officer of the same gender

Question 9

How is probable cause from an informant tested?

Answer 9

Totality of the circumstances - their reliability and credibility and their basis of knowledge