Search Warrants

Question 1

Application for a search warrant

Answer 1

Only a certified peace officer in the course of his duties may apply for a search warrant

Question 2

Judicial Officers, Neutral and detached

Answer 2

The magistrate duty is to determine whether probable cause exist to issue a search warrant.
Detached-impartial or objective, disinterested unbiased

Question 3

Standard of Proof for issuance of search warrant

Answer 3

Probable cause. Probabilities are not certainties

Question 4

Hearsay

Answer 4

Information gained or acquired from another and not part of one’s direct knowledge

Question 5

Probable cause hearsay

Answer 5

Information may be used if gotten from:
Other police
Victims of crime
Disinterested private citizens of good reputation
Informer who make statement against interest

Question 6

Informer

Answer 6

Anyone who gives information to a police officer

Question 7

Informants

Answer 7

It is not necessary to name an informant as long as they are sufficiently described so as to make it clear they fall within on these categories and they actually exist
(credibility/Reliable)

Question 8

Credibility/Reliability

Answer 8

Capable of being believed, believable worthy of belief or confidence; trustworthy
Test to determine reliability of informer: Aguillar and Speinelli Test

Question 9

Agulliar & Spinelli-Two Prong Test

Answer 9

Affidavit must state:

1. The underlying circumstances showing the informants credibility, or the reliability of the information
2. The basis of the information knowledge

Question 10

1st Prong

Answer 10

Often established by including a statement in the affidavit that the informer has given information in the past which has led to arrest and convictions

Question 11

2nd Prong

Answer 11

Basis if informants knowledge. How does this person had independent knowledge and this incident

Question 12

Illinois v Gates

Answer 12

US Supreme court cases that changed the standard from Aguilar and Pinelli to Totality of Circumstances standard

Question 13

Probable Cause; Time

Answer 13

The magistrate must determine if the facts presented create a reasonable belief that the same conditions described in the affidavit exist at the time the warrant is to be executed

Question 14

Stale information

Answer 14

Stale information reduces the possibility that the item will be there when the warrant is served. The information has to be fresh and clean

Question 15

Place to be searched

Answer 15

The affidavits must meet two essentials concerning the place or persons to be searched:

1. An adequate description of the place or person to be searched
2. Facts to establish probable cause that the object sought is located at the described place

Question 16

General Warrants

Answer 16

Warrants are not specific either about the place to be searched or the things to be seized are unconstitutional

Question 17

Issuance of Search Warrant

Answer 17

Time and date of issuance should be noted

Question 18

Knock and Announce

Answer 18

Officer must make good faith attempt to give verbal notice of their authority and purpose before force is used

Question 19

Hudson v Michigan

Answer 19

Police must have a reasonable suspicion under the particular circumstances that one of the grounds for failing to knock and announce their presence before executing a search warrant exists

Question 20

Exceptions to Knock and Announce

Answer 20

1. Increase safety of the officer

2. Lead to the destruction of evidence

Question 21

Wilson v Arkansas

Answer 21

There will need to be an individual determination in each case but; if it can be justified by officers then the exception may be granted. Before or after the warrant is issued

Question 22

Execution of Search Warrant; Curtilage

Answer 22

1. Living area

2. Includes year, grounds gardens building

Question 23

Search of other persons on premises

Answer 23

This section authorizes a Terry Search of other premises

Question 24

Execution of Search Warrant; Property which may be seized

Answer 24

Property particularly described in warrant, and any illegal substance or evidence of a crime within the scope of the investigation

Question 25

Return of Search Warrant

Answer 25

After the search has been completed it is the duty of the officer to file a verified list of inventory seized with the magistrate

Question 26

Motion to suppress evidence

Answer 26

A request by any defense for the judge to the rule on the admissibility of the evidence and, asking the judge to exclude it