Searches 1 Flashcards
What is the warrant requirement?
Authority of a warrant is the best assurance that a search will be deemed reasonable by the courts; besides special circumstances, a warrant is needed for all searches
What are the duties of an officer for a search warrant affidavit?
Gather information;
What is the duties of the magistrate for a search warrant affidavit?
Draw inferences and conclusions on gathered information
What are the 3 elements of probable cause?
Offense has been committed;
Items sought are connected with criminal activity; such items will presently be found in the place to be searched
What is a neutral, detached magistrate?
Magistrate, municipal judge, circuit judge
What is the requirement for an “oath or affirmation” when obtaining a search warrant?
No warrant given without probable cause supported by OATH or AFFIRMATION
What is S.C statute 17-13-140?
Warrants must be sworn to before magistrate and can be supplemented by oral testimony
What are the “ knock and announce” requirements?
Knock and announce identity and purpose; be brief but unmistakable that you have a warrant
What is the officer’s authority to control persons at the premises of a search warrant?
May control the movement of persons in the premises and frisk for weapons if reasonable suspicion is present
What is the scope, duration, and intensity of a premises search for an officer?
Scope is directly related to the objective of search ; No time limits; can be searched where evidence could be found but must stop when described items have been found;
