Search & Seizure II; Search Warrants Flashcards

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1
Q

Fill in the Blank

Warrants are based upon _____ ______ as determined by a magistrate.

A

Probable Cause

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2
Q

Why are warrants only approved by magistrates?

A
  • 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
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3
Q

Fill in the Blank

Warrants must be reasonable in _____ and _________.

A

Scope

Execution

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4
Q

What are the 4 basic elements of a Valid Search Warrant?

A
  1. Probable Cause
  2. Supporting Oath or Affirmation
  3. Particular Descriptio of Place to be Searched and Things to be Seized
  4. Signature of Magistrate
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5
Q

Search Warrant

Dos and Dont’s

A
  • ‘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
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6
Q

When does an officer have probable cause?

A

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
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7
Q

Why is information from confidential informants is suspect?

A
  • 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
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8
Q

Illinois v Gates

462 US 213 (1983)

A
  • 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
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9
Q

Franks v Delaware 1978

What did Franks Hearing establish?

A

The defendant may challage the factual accuracy of the affidavit by a showing of evidence in a preliinary hearing that

  1. a false statement was made knowingly (perjury) or in reckless disregard of the truth
  2. the false statement is necessary for finding probable cause
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10
Q

What is a key difference between arrest warrants and search warrants?

A

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.

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11
Q

Search Warrant Execution Steps

A
  • 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
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