Searches 1

Question 1

Identify generally the warrant requirements

Answer 1

Searches conducted outside the judicial process, without prior approval by judge or magistrate are per se unreasonable under the 4th amendment

Question 2

Identify the officer and the magistrates duties for search warrants

Answer 2

The officers duty is to gather information.

The magistrates duty is to draw a conclusion from the information

Question 3

To constitute probable cause for a search you must have what 3 things?

Answer 3

An offense has been committed
The items sought are connected with a crime
Such items can be found on a person or in a place

Question 4

Neutral detached magistrate

Answer 4

Courts decide the decision must be made by a neutral detached magistrate, not the officer who is engaged in preventing crime

Question 5

Officials authorized to issue a warrant

Answer 5

Magistrate, Municipal and circuit judge

Question 6

No warrant shall be issued unless…

Answer 6

The officer swears an oath of affirmation

Question 7

4th amendment warrant must meet what standards

Answer 7

Must particularly describe the place to be searched and the persons or things to be seized

Question 8

What may be seized

Answer 8

Stolen property 
Possession which is unlawful (property)
Property used in the commission of a crime
Property constituting evidence 
Any narcotic drugs

Question 9

Where can it be seized

Answer 9

Only property described or any part thereof, may be seized from any place where such property may be located

Question 10

Return

Answer 10

Issued my the magistrate to an officer to be issued and returned to the same issuing magistrate

Question 11

Time

Answer 11

Search warrants should be executed as soon a possible and returned within 10 days after it is dated

Question 12

Inventory, receipt and return

Answer 12

Upon completing the search officers must inventory the items seized, leave a receipt and return the warrant.

Question 13

Miscellaneous

Answer 13

Securing the premises after a search
Document and damages done during search
Special attention and handling of money or items of value
Plain view seizure

Question 14

Knock and announce

Answer 14

Knock and announce your identity and purpose, allow the occupant to respond

Question 15

No knock

Answer 15

Must have reasonable suspicion that knocking and announcing their presence could be futile or cause destruction of evidence of a crime

Question 16

Entry by ruse

Answer 16

Use of deception to gain entry into a residence

Question 17

Presence of third party

Answer 17

4th amendment embodies principals of respect for the privacy of the home

Question 18

Control of premises and person during a search

Answer 18

Officer is in complete control of the premises and who enters, they can control the movement of persons found inside and may frisk for weapons.

Question 19

Searches of a person at the premises

Answer 19

Not permitted unless the person is described in the warrant

Question 20

Scope of a search

Answer 20

The search may extend to all places where evidence could logically be concealed

Question 21

Search warrants are not…

Answer 21

A license to destroy property or harass individuals