Searches 1 Flashcards
Identify generally the warrant requirements
Searches conducted outside the judicial process, without prior approval by judge or magistrate are per se unreasonable under the 4th amendment
Identify the officer and the magistrates duties for search warrants
The officers duty is to gather information.
The magistrates duty is to draw a conclusion from the information
To constitute probable cause for a search you must have what 3 things?
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
Neutral detached magistrate
Courts decide the decision must be made by a neutral detached magistrate, not the officer who is engaged in preventing crime
Officials authorized to issue a warrant
Magistrate, Municipal and circuit judge
No warrant shall be issued unless…
The officer swears an oath of affirmation
4th amendment warrant must meet what standards
Must particularly describe the place to be searched and the persons or things to be seized
What may be seized
Stolen property Possession which is unlawful (property) Property used in the commission of a crime Property constituting evidence Any narcotic drugs
Where can it be seized
Only property described or any part thereof, may be seized from any place where such property may be located
Return
Issued my the magistrate to an officer to be issued and returned to the same issuing magistrate
Time
Search warrants should be executed as soon a possible and returned within 10 days after it is dated
Inventory, receipt and return
Upon completing the search officers must inventory the items seized, leave a receipt and return the warrant.
Miscellaneous
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
Knock and announce
Knock and announce your identity and purpose, allow the occupant to respond
No knock
Must have reasonable suspicion that knocking and announcing their presence could be futile or cause destruction of evidence of a crime
Entry by ruse
Use of deception to gain entry into a residence
Presence of third party
4th amendment embodies principals of respect for the privacy of the home
Control of premises and person during a search
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.
Searches of a person at the premises
Not permitted unless the person is described in the warrant
Scope of a search
The search may extend to all places where evidence could logically be concealed
Search warrants are not…
A license to destroy property or harass individuals
