Search Warrants Flashcards
Application for a search warrant
Only a certified peace officer in the course of his duties may apply for a search warrant
Judicial Officers, Neutral and detached
The magistrate duty is to determine whether probable cause exist to issue a search warrant.
Detached-impartial or objective, disinterested unbiased
Standard of Proof for issuance of search warrant
Probable cause. Probabilities are not certainties
Hearsay
Information gained or acquired from another and not part of one’s direct knowledge
Probable cause hearsay
Information may be used if gotten from:
Other police
Victims of crime
Disinterested private citizens of good reputation
Informer who make statement against interest
Informer
Anyone who gives information to a police officer
Informants
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)
Credibility/Reliability
Capable of being believed, believable worthy of belief or confidence; trustworthy
Test to determine reliability of informer: Aguillar and Speinelli Test
Agulliar & Spinelli-Two Prong Test
Affidavit must state:
- The underlying circumstances showing the informants credibility, or the reliability of the information
- The basis of the information knowledge
1st Prong
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
2nd Prong
Basis if informants knowledge. How does this person had independent knowledge and this incident
Illinois v Gates
US Supreme court cases that changed the standard from Aguilar and Pinelli to Totality of Circumstances standard
Probable Cause; Time
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
Stale information
Stale information reduces the possibility that the item will be there when the warrant is served. The information has to be fresh and clean
Place to be searched
The affidavits must meet two essentials concerning the place or persons to be searched:
- An adequate description of the place or person to be searched
- Facts to establish probable cause that the object sought is located at the described place
General Warrants
Warrants are not specific either about the place to be searched or the things to be seized are unconstitutional
Issuance of Search Warrant
Time and date of issuance should be noted
Knock and Announce
Officer must make good faith attempt to give verbal notice of their authority and purpose before force is used
Hudson v Michigan
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
Exceptions to Knock and Announce
- Increase safety of the officer
2. Lead to the destruction of evidence
Wilson v Arkansas
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
Execution of Search Warrant; Curtilage
- Living area
2. Includes year, grounds gardens building
Search of other persons on premises
This section authorizes a Terry Search of other premises
Execution of Search Warrant; Property which may be seized
Property particularly described in warrant, and any illegal substance or evidence of a crime within the scope of the investigation
Return of Search Warrant
After the search has been completed it is the duty of the officer to file a verified list of inventory seized with the magistrate
Motion to suppress evidence
A request by any defense for the judge to the rule on the admissibility of the evidence and, asking the judge to exclude it
