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Academy Week 1 > Searches 1 and 2 > Flashcards

Searches 1 and 2 Flashcards

1
Q

General Warrant Requirement

A

absent special circumstances, search warrants are required for all criminal investigative searches

  • warrants the best assurance that a court will rule a search reasonable
  • You must have a warrant to search a cell phone
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2
Q

Duties of officer/magistrate

A
  • officer collects relevant, legal evidentiary info
  • magistrate draws inferences and conclusions from that info
  • Sources of info are the same as discussed in other chapters
  • Remember the 3 elements of probable cause… offense committed, items sought are connected with criminal activity, and such items will be found in the place to be searched
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3
Q

What two words describe a magistrate who approves/disproves warrants?

A

NEUTRAL AND DETACHED

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4
Q

Who can issue a warrant in SC?

A

Remember the three criminal courts…

  • Magistrates
  • Municipal judge
  • Circuit judge (general sessions)
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5
Q

What additional protection do SC residents have under the SC constitution?

A

protection against unreasonable invasions of privacy

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6
Q

What standards must a valid 4th Amendment search warrant meet?

A

DESCRIBING the PLACE to be searched and the PERSONS or THINGS to be seized.

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7
Q

Does a search incident to arrest require a warrant?

A

No, this is a warrantless search exception to the 4th Amendment

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8
Q

Where can things be seized?

A
  • Any place the property is located

- From the suspect/any person possessing or controlling the property

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9
Q

What is the only kind of judge who does not get a warrant returned to him?

A

Circuit judges… the warrants they issue will be returned to a local magistrate

Search warrants must be returned within 10 days.

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10
Q

Inventory, receipt, and return during/after an investigative search

A

Inventory any items seized, leave a receipt of the seized items with occupants of the residence, then also attach a copy of the receipt to the warrant when you return it to the issuing judge.

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11
Q

Miscellaneous administrative matters when searching

A
  • secure premises after search
  • document any damage done during search
  • use 2 people/special attention when handling money/valuables
  • be mindful of potential plain view seizures
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12
Q

knock and announce requirements

A
  • Identify yourself and state your purpose.
  • Wait a reasonable time
  • Make forcible entry if necessary
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13
Q

What are the requirements for executing a no-knock warrant?

A
  • State in your warrant that you plan to do one
  • Articulate that knocking and announcing would be DANGEROUS, FUTILE, OR THAT EVIDENCE MIGHT BE DESTROYED
  • Be reasonable… try not to excessively damage property
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14
Q

Does deception used to secure a peaceable admission for the purpose of executing a search warrant undermine the purpose of the knock and announce requirement?

A

No

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15
Q

Control of premises and persons during search

A

Officers executing a search warrant are in absolute control of the premises and should take necessary steps to prevent interference or resistance.

  • you may control the movement of anyone in the house, but you cannot terry frisk them unless you have reasonable suspicion
  • You may detain anyone in the immediate vicinity
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16
Q

Can you detain someone outside their house and prevent them from entering the house if you do not have a warrant?

A

Yes… but only for a reasonable amount of time while you wait for a warrant to arrive?

17
Q

Can you perform a detailed search all of the people in a home when executing a search warrant?

A

No… you can’t do anything more than a Terry frisk unless the other persons are listed by name in the search warrant

18
Q

Scope, Duration, and Intensity of search

A

Scope: only search where evidence being sought could reasonably be found

Duration: after finding what you are searching for, you cannot stay/continue searching for an unreasonable amount of time

Intensity: Don’t cause unnecessary damage

19
Q

Prior to 1967, how were 4th Amendment cases evaluated?

A

With a property-based approach involving common law trespass

20
Q

Since Katz vs. US, what has the Supreme Court said about the 4th Amendment?

A

It protects people, not places or things

21
Q

What does the privacy based approach to the 4th Amendment mean?

A

the 4th Amendment applies anytime/anywhere someone believes they have a “reasonable expectation” of privacy

22
Q

Since US vs. Jones (2012), what is the current Supreme Court holding on the 4th Amendment?

A

the 4th Amendment protects both property rights and personal rights… THIS IS A PROPERTY AND PRIVACY BASED APPROACH

23
Q

In a privacy based analysis, what must the defendant prove?

A

that their connection to a place/thing is more than just their immediate presence there… they must prove an actual connection

24
Q

Test of Reasonableness

A

Under the privacy-based approach to the 4th Amendment, a search for or seizure of evidence must be REASONABLE.

The test of reasonableness is met by the production of facts and circumstances amounting to probable cause to believe the evidence is located at the place or on the person to be searched.

In some cases, the court may use a balancing test to determine reasonableness.

25
Q

Legal concepts related to the 4th Amendment

A

Any search conducted by law enforcement that involves physical intrusion for the purpose of obtaining info… persons, houses, papers, and effects.

26
Q

Who is protected by 4th Amendment?

A

Pretty much anyone with the US…

  • US citizens
  • people with substantial connections with the country
  • corporations and businesses
  • legal/illegal aliens
27
Q

What kind of property is not protected by the 4th Amendment?

A

abandoned property (abandoned premises can also be searched)

28
Q

Can things only be seized from criminals?

A

There is no requirement that contraband be seized from a criminal or non-criminal target

29
Q

Curtilage and open fields doctrine

A

Curtilage concept originated in common law

  • 4th amendment protection is not extended to “open fields”
  • No warrant is required for the search of open fields
30
Q

4 factors for determining whether an area lies within the “curtilage” of a residence

A
  1. the proximity of the area to the residence
  2. whether the area is included within an enclosure surrounding the residence
  3. the nature of the uses to which the area is put
  4. the steps taken by the resident to protect the area from observation by people passing by
31
Q

Is criminal conduct exposed to the public (From a protected place) have 4th Amendment protections in terms of being “seen”?

A

No, but you would need to get a warrant before seizing the contraband

32
Q

Are things that officers notice with their five senses protected by the 4th Amendment?

A

No… officers can take note of anything that is evident to their senses as long as they are someplace they are allowed to be and don’t use extraordinary means to make the observation.

  • Some enhancement of senses is legal… IE flashlights, NVGs, binoculars, and dog sniffs. HOWEVER, IF THE STATE USES A DEVICE THAT IS NOT IN GENERAL USE, THAT MAY TRIGGER THE 4TH AMENDMENT.
33
Q

Plain View Doctrine

A

there are three situations in which you can seize items that are in plain view:

  1. police and evidence/contraband are in a public place
  2. police are in a legal place and see something located in a private place… must get a warrant!
  3. when the police justifiably intrude into an area for which there is normally an expectation of privacy… IE conducting a search warrant and you see something in plain view
34
Q

The plain view doctrine allows for seizure of contraband or evidence of a crime if all of the following requirements are met:

A
  1. the initial intrusion (entry) which affords the officer “plain view” is lawful
  2. the incriminating nature of the contraband or evidence is immediately apparent to the probable cause standard (without moving or rearranging the items)
  3. The contraband or evidence is the same area that the officer is lawfully present
35
Q

Aerial surveillance

A

Certain aerial surveillance is allowed and not considered a violation of the 4th Amendment…

Fixed wing… naked-eye observation from 1000 feet up

Rotary wing… from 400 feet up

36
Q

Do you have a reasonable expectation of privacy in common areas of buildings or public areas of businesses?

A

NO

37
Q

Seizures of personal property that do not require justification under the 4th Amendment

A
  • Contraband

- Abandoned property (dropsy and garbage)

Academy Week 1 (7 decks)

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