SEARCH WARRANTS Flashcards
When will a GOOD FAITH EXCEPTION NOT apply?
- Judge misled
- judge abandoned neutral role
- Officer knew affidavit failed to establish PC
- Warrant so deficient, officer could not reasonably presume it valid
Is Evidence obtained with a warrant that a reasonably objective officer would believe is valid still admissible in court if the warrant is found to be invalid?
YES, based on the GOOD FAITH EXCEPTION
How does “stale” information effect a warrant?
Stale information will invalidate a good faith exception, because officers cannot presume a search legal where there Are long unexplained delays between the search and criminal incidents described in the affidavit
What is the benefit of having a district attorney review a warrant prior to presenting it to a magistrate?
PREVIEW by a DDA helps insulate the warrant from attacks based on insufficient probable cause.
Is it permissible for a magistrate in one county issue a warrant for a place in another county? Explain
YES, if he had probable cause to believe the evidence sought relates to a crime in his county, and the evidence pertains to present or future prosecution in that county.
Can officers from another agency accompany officers during a search warrant when the other agency has an interest in the subject/location related to a separate crime, but do not have probable cause to obtain their own warrant?
YES;
Plain view observations can be used to establish their own probable cause while accompanying another agency
DEFINITION OF A SEARCH WARRANT?
AN ORDER IN WRITING
IN THE NAME OF THE PEOPLE
SIGNED BY A MAGISTRATE
DIRECTED TO A PEACE OFFICER
SEARCH FOR THING(s), PERSON(s)
In the case of THING(s), bring the same before a magistrate
ACCORDING TO 1529 and 1533 PC, what MUST APPEAR IN A WARRANT?
- Names of ALL AFFIANTS
- STATUTORY GROUNDS for issuance
- DESCRIPTION of places/persons to be searched.
- DESCRIPTION of thing/property
- NIGHT SERVICE authorized
- SIGNATURE of magistrate
- DATE issued
WHAT IS AN AFFIDAVIT?
It is separate from the warrant
- made UNDER OATH
- states PROBABLE CAUSE
- states STATUTORY GROUNDS
- DESCRIBES place/person, thing/property to be searched
Can anyone be an AFFIANT?
YES
WHO is the affiant?
The person who swears under oath that the affidavit information is true
Who are the the only persons that can authorize a search warrant?
Magistrates; judges of the superior court, courts of appeal,
State Supreme Court
WHAT ARE THE STATUTORY GROUNDS FOR ISSUING A SEARCH WARRANT?
1) property stolen/embezzled
2)property/thing used as a means of committing a felony
3)property/thing used as means of committing a public offense
OR possession of another to conceal or prevent discovery
4) shows. Felony has been committed OR particular person committed the felony
5) Sexual exploitation of a child OR possession of matter depicting sexual conduct of under age person
6) WARRANT for arrest
7) Provider of electronic communications/remote computing service shows stolen/embezzled, in possession of person intending to commit a misd public offense, concealing/preventing discovery
8) property/thing shows violation of labor code 3700.5
9) property/thing included a firearm/deadly weapon in connection with a domestic violence involving a threat to human life or physical assault
10)FIREARM/deadly weapon in custody/control if person described in 8102 W&I
11) Property includes a firearm custody/control of a person prohibited by 6389 FAMILY CODE- protective order
UNDER WHICH GROUNDS MAY A SEARCH WARRANT FOR A MISDEMEANOR BE ISSUED?
Grounds 1,3,5,7
IS IT POSSIBLE TO HAVE PROBABLE CAUSE TO SEARCH WITHOUT HAVING PROBABLE CAUSE TO ARREST?
YES
