Search Warrants Flashcards
A clerk or judge may issue a warrant these magistrates are _______ and _____
Neutral and detached
Magistrates that are authorized to issue search warrants (6)
Justices of the supreme judicial court
Justices of superior court
Justices of District Court
Clerks
Assistant clerks
Temporary clerks of District Court
Magistrates should resolve marginal cases in favor of the:
Police to encourage their use of warrants
Can appeals court justices and superior court clerks issue warrants
No
Massachusetts judge or clerk may not issue a shirts warrant for evidence outside the territorial boundaries or waters of the Commonwealth except for:
Computer records
If officers obtain information that creates doubt on the magistrates probable cause decision after a warrant is issued, but before it is executed, what should the officers do?
Return to the match and present the information for a new probable cause determination
A clerical error does not nullify a warrant because it does not impact:
The underlying information
Does a judges failure to sign a warrant nullify it
No, because it was only a clerical error because he clearly intended to sign it
When does a warrant affidavit become a public document?
The judge or clerk who issues the search warrant must deliver the original affidavit within three days to the court, where the warrant will be returned. When police return the warrant, their affidavit is attached to it and filed. Onceit is filed it becomes public.
For the “particularity as to things” in a search warrant, what are the five classifications of evidence?
(CLIFD)
Fruits of crime
Instrumentalities
Contraband
Dead body
Living person with warrant (current arrest warrant)
To get a warrant to search a dwelling, including one above a store or tavern, one complaint in must communicate that illegal beverages were kept or sold within _____ prior to the warrant application
One month
Three types of people in which police access to search is severely restricted
Therapists
Lawyers
Clergy
What type of warrant can only be issued by a judge?
Body cavity search warrant
What type of warrant must have a higher standard than probable?
Body cavity warrant
Searching all persons may be authorized by warrant if there is probable cause that anyone at the scene is a likely participant in crime. What factors does the court look at (4)
- The place being searched is small, confined, and private
- Criminal activity involves shifting participants.
- The items targeted are easily concealed.
- Whether unconnected with the illegal activity have been on premises
