Search & Seizure II; Search Warrants Flashcards
Fill in the Blank
Warrants are based upon _____ ______ as determined by a magistrate.
Probable Cause
Why are warrants only approved by magistrates?
- b/c the approval must come from a neutral and detached person instead of being judged by the officer in the often competitive enterprise of ferreting out crime
Fill in the Blank
Warrants must be reasonable in _____ and _________.
Scope
Execution
What are the 4 basic elements of a Valid Search Warrant?
- Probable Cause
- Supporting Oath or Affirmation
- Particular Descriptio of Place to be Searched and Things to be Seized
- Signature of Magistrate
Search Warrant
Dos and Dont’s
- ‘one warrant, one search’ rule
- Overly braod or open-ended searches are not allowed
- time limit to use warrant is genearally within 10 days
- description may be more general for things than for the place
- confidential informants
- the affiant must swear that an informant exists and provided the proffered information and must provide some facts to corroborate the informant’s allegations
- Patriot Act authorizes “sneak & peek” warrants
- more broad
- anticipatory warrants may issue contingent upon a future triggering event
- some jurisdictions authorize telephonic search warrant applications
When does an officer have probable cause?
An officer has probable cause (PC) to search when the facts available to him would warrant a person of reasonable caution in the belief that contraband or evidence of a crime is present.
- officer observation
- ordinary witness
- confidential & anonymous sources –suspicious
Why is information from confidential informants is suspect?
- Because they are often criminals who have talked in exchange for leniency or money
- b/c they are unable to be cross-examined to test the quality of the information
Illinois v Gates
462 US 213 (1983)
- search warrant was issued based upon an anonymous letter
- officers followed the lead and found that the allegations were consistent with the letter
- a search took place and wvidence were seized BUT, evidence was suppressed
Franks v Delaware 1978
What did Franks Hearing establish?
The defendant may challage the factual accuracy of the affidavit by a showing of evidence in a preliinary hearing that
- a false statement was made knowingly (perjury) or in reckless disregard of the truth
- the false statement is necessary for finding probable cause
What is a key difference between arrest warrants and search warrants?
Arrest warrants may be executed by any officer at any time while a search warrant MUSt be executed by the affiant that requested the warrant.
Search Warrant Execution Steps
- affiant must execute warrant
- must be executed within about 10 days of issuance
- typically must be executed from 6am to 9pm
- unless “night-time warrant” issued
- must “knock-and-announce”
- unless dangerous, futile, or risk destruction of evidence
- unlesss “no knock warrant” is issued
- the officer must have warrant in hand during execution
- warrant must be left at place searched
- may use physical force, but not deadly force, if a felony
- search & seizures must be within scope of the warrant
- search may last as long and be as thorough as resonably necessary to fully execute the warrant