Search and Seizure With a Warrant

Question 1

Magistrate

Answer 1

judge

Question 2

An order in writing by a magistrate in the name of the people, commanding a law enforcement officer to search for certain personal property and bring it before the named judicial authority

Answer 2

a search warrant

Question 3

What are the 4 ways a search warrant must be valid?

Answer 3

1) Proper official must issue it
2) May only be issued for authorized objects
3) Must be issued on probably cause supported by oath or affirmation
4) Place to be searched / things seized must be particularly described

Question 4

What are examples of authorized objects that may have a warrant issued for them?

Answer 4

1) Fruits of a crime
2) Instrumentalities of a crime
3) Contraband
4) Property that might constitute evidence of a crime

Question 5

Where can the search under a search warrant extend?

Answer 5

All parts of the premises described in the warrant, provided it is reasonable to assume items could be concealed therein

Question 6

Rule that excludes evidence, otherwise admissible, obtained by methods which violate the Fourth Amendment

Answer 6

the “Exclusionary Rule”

Question 7

Doctrine stating that any evidence obtained as a result of an unreasonable search cannot be used against the accused

Answer 7

“Fruit of the Poison Tree”