Search of the Home

Question 1

Arrest Warrants:

Function?

Required in Public–yes/no?

Required in home?

Answer 1

Arrest Warrants: allow officers to make arrest and then the officer gets SIA

Warrants are generally not required for arrests in public so long as officer has PC

Must have a warrant to arrest in home unless PC to EC

Allows officer to forcibly enter home and make arrest

Question 2

Search Warrants

What are the content of search warrant requirements:

• N&D
• PC
• P)

Answer 2

Search Warrant Requirements:

1. Neutral & Detached magistrate
2. PC by oath or affirmation
3. Particularity
   - -mistakes of where and what must be in good faith and objectively reasonable
   - -A warrant to search a car is sufficient if it describes it so its easily identifiable or by describing its location.

Question 3

Franks Hearing: When you challenge a facially valid warrant after the search is conducted on the grounds that but for falsity, no warrant–courts consider:

1. FS in A
2. K.I.RD (mens rea)
3. E

Answer 3

When you challenge a facially valid warrant after the search is conducted on the grounds that but for falsity, no warrant–courts consider:

1. False statement in affidavit
2. Made Knowingly & Intentionally, or in Reckless Disregard
3. False Statement was essential to magistrates conclusion

Question 4

Execution of a Warrant Requires:

1. Timeliness
2. Knock & Announce (exceptions?)
3. Scope of Search to be limited to items specified
4. Detention of person scene of search
5. Inventory

Answer 4

Execution of a Warrant Requires:

1. Timeliness
2. Knock & Announce
3. Scope of Search to be limited to items specified
4. Detention of person scene of search
5. Inventory

Exceptions to K&A:

1. Hot pursuit
2. evidence immediately destroyed
3. RS of risk of harm

Question 5

General Warrant Requirement of Search of Home

Answer 5

General Rule: Search of Home without warrant is per se unreasonable.

If no warrant, PC + EC is required.

Question 6

Warden v. Haden: is hot pursuit a sufficient exigent circumstance to merit warrantless entry into a home to effectuate an arrest.

Answer 6

Rule: hot pursuit is an exigent circumstance justifying a warrantless entry into a home to effectuate an arrest.

Question 7

Search of the Home Incident to Arrest

Vale v. Louisiana: SIA allowed when arrested in home?

Answer 7

Rule: Officers may search areas including closets and other spaces in immediate vicinity of arrest so long as there is reasonable suspicion that accomplices are lurking.

Note: Rentry into home without a warrant and after arrest outside of home is not allowed.

Question 8

Illinois v. McCarthur: can a PO prevent someone from entering his home without a PO while the PO waits to get a warrant?

Answer 8

Rule: Yes. premises may be secured with reasonable suspicion while the police wait for a search warrant.

Question 9

Anticipatory Search Warrants Require:

1.
2.
3.

US v. Grubbs (Child Porn Case–SW to search D’s home after tape delivered).

Answer 9

Anticipatory Search Warrants:

Magistrate must find that:

(1) It is NOW probable that
(2) Contraband/evidence of a crime/fugitive WILL BE on the described premises
(3) when the warrant is executed.

Question 10

Arrest in the Home.

Can you make a routine arrest for a routine felony arrest absent exigent circumstances without a warrant?

What if a suspect is in the doorway? And then Retreats back inside?

US v. Santana (Facts:

Answer 10

Rule: 4th Am prohibit the warrantless, nonconsensual entry into a suspect’s home in order to make a routine felony arrest.