Search & Seizure Flashcards
What are the requisites for a search warrant to be sufficient under the Texas Code of Criminal Procedure? Explain fully.
The search warrant must be supported by probable cause, run in the name of the state of Texas, identify with specificity the person/place to be searched, identify with specificity the items to be seized, identify the date and hour issued, and signed by the issuing magistrate.
According to routine procedure, all of Viggo’s personal belongings, including the stolen credit card he used, were taken from his pockets and listed on an inventory sheet when he was booked into jail. Prosecutor informs yo he intends to introduce the stolen credit card into evidence. you file a motion to suppress arguing no consent and no search warrant. How should the Court rule on you motion to suppress?
The Court should deny the motion. Police can inventory items found on a person when he is arrested as long as they abide by a department policy governing the inventory. Further, this search is authorized under the search incident to arrest doctrine.
In a search warrant affidavit, Officer includes a statement that he knows to be false in every respect. Based on the affidavit, a search warrant is issued authorizing a search of Defendant’s apartment. Officer executes the warrant and finds a pipe used for smoking crack cocaine. What procedural step should you take to challenge the issuance of a search warrant, what must you show in support of you position, and what relief should you request.
I should move for a Franks hearing seeking suppression of the evidence. I will have the burden of making a substantial preliminary showing that the false statement was knowingly or recklessly included. I should demand that false portion be struck from affidavit. If the remainder of affidavit doesn’t support probable cause, the evidence will be suppressed.
Seven days after warrant is issued, Officer executes the warrant and fins evidence. is there any basis on which to challenge the execution of the warrant?
What procedural step, if any, can you take to challenge the execution of the search warrant? Explain fully.
Yes, I would move to suppress the evidence because the warrant was not timely executed. A search warrant must be executed within 3 days, exclusive of the date of issuance and execution.
[Sgt. First arrives and knocks on Wilma’s door after receiving a phone call that only told police dispatcher “We need assistance.” Wilma responds to knock by yelling “Just a minute.” Sgt. First waits a few minutes, but then enters the house and goes into the kitchen, opens a drawer and finds a receipt.]
Prior to trial, Prosecutor informs you that he will call Sgt. First as a witness to introduce evidence and testify about the Liquor Mart receipt he found in Wilma’s kitchen drawer. What procedural step, if any, can you take to try to prohibit the introduction of the receipt into evidence and Sgt. First’s testimony about it. If there is such a procedural step, what argument can you make in support of it?
I should file a motion to suppress, arguing that receipt was fruit of the illegal search. The search of Wilma’s home was illegal because Sgt. First did not have a warrant to search, nor dd he have evidence of exigent circumstances to allow him to enter the home. He illegally entered the home and the evidence should be suppressed.
