Search Warrants

Question 1

What are the Elements of a Search Warrant:

Answer 1

1. Probable Cause
2. Neutrality of Magistrate:
3. Items in warrant have to described in detail (Particularity)
   Good Faith of Officer carrying out warrant

Question 2

What is a Neutral Magistrate?

Answer 2

1. Neutral and detached Magistrate
2. Cannot be linked to the investigation in any matter

Question 3

What does the Officer have to do to obtain a Search Warrant?

Answer 3

Must convince a judge they have probable cause a crime was committed, and evidence of the crime is likely to be found at the place to be searched

Question 4

What is the Knock and Announce Rule when executing a Search Warrant?

Answer 4

Police cannot knock down the door and must announce themselves first

Question 5

What is the Exception to the Knock and Announce Rule?

Answer 5

When police have reasonable suspicion that immediate entry is necessary for safety or law enforcement reasons

Question 6

Does the Exclusionary Rule apply to the Knock and Announce Rule?

Answer 6

NO, if police violate the knock and announce rule, though the search is unwarranted, evidence should not exclude if they do

Question 7

How much time do police have to execute Knock and Announce Rule Before Entry?

Answer 7

1. Time: Police must wait about 15-20 seconds after knocking with no response to forcibly enter

Question 8

Limited Detention of Suspect Prior to Search Warrant

Answer 8

Police can detain suspect outside of home while other officer goes to retrieve a search warrant

Detained can leave premises but cannot go inside the home because more likely to destroy evidence (ex: drug cases)

Question 9

What if Officers execute a Search warrant mistakenly in the wrong place?

Answer 9

1. If officers have a valid search warrant but enter the wrong premises and obtain evidence, that evidence can still be admitted as long as they stopped search immediately after realizing their mistake AND
2. The Search was Reasonable

Question 10

When executing a Search Warrant, can Police Search other people on the premises?

Answer 10

Police can search others on the premises if they have independent probable cause to search each individual on the premises

Their proximity to suspect is not enough

Question 11

Can Police temporarily detain others on premises when executing Search Warrant?

Answer 11

YES: occupants of premises may be temporarily detained while search is conducted in a reasonable manner

Question 12

What is a Warrantless Search?

Answer 12

When officers carry out a search without having or obtaining a search warrant first

Question 13

What are the 3 exigent circumstances in which Warrantless Searches are Permitted?

Answer 13

1. To render emergency services
2. Hot pursuit of fleeing suspect
3. Prevent imminent destruction of evidence

Question 14

What is the Exigent Circumstance of Emergency Assistance?

Answer 14

Officers may enter a home without a warrant to render emergency assistance to an injured occupant

If police see someone is hurt, they are permitted to go inside and look for the person

Question 15

What is the Exigent Circumstance of the Hot Pursuit of a Fleeing Suspect?

Answer 15

Police officers in hot pursuit from a fleeing felon may make a warrantless search and seizure

The scope of the search may be as broad as may reasonably be necessary to prevent the suspect from resisting or escaping

Exception: no such exigency exists in pursuing someone suspected of a nonjailable traffic offense, hot pursuit inapplicable

Question 16

What is the Exigency Circumstance Preventing the Imminent Destruction of Evidence?

Answer 16

Police officers may enter a home without a warrant to prevent the destruction of evidence, even if the exigency arose because the officers knocked the door and asked for entry

1. MUST have reason to believe evidence is being destroyed AND
2. The officers did not create the exigency through an actual or threatened 4th Amendment violation