Searches 1 And 2 Flashcards

1
Q

Generally the warrant requirement

A

Search will be deemed reasonable, search warrants are required for criminal investigative area

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2
Q

Duties of officer in search warrant affidavit

Judges duty in search warrant affidavit

A

Gather information then for magistrate it is to draw inferences and conclusions from that information.

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3
Q

Three elements of PC

A

Offense committed, items sought are connected with criminal activity, items will be presently found in place to be searched.

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4
Q

Neutral, detached magistrate

A

Approve and disapprove warrants, they much remain neutral and detached.

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5
Q

Oath or affirmation when obtaining a search warrant

A

Only sworn affidavit before a magistrate, establishing grounds for the warrant, sworn oral testimony standing alone does not satisfy

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6
Q

Description requirement for a search warrant

A

Particularly describing the place to be searched, and persons and things to be seized

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7
Q

Sc code Ann 17-13-170

A

Who may issue a warrant, having jurisdiction over the area where, illegal items, anything that constitutes evidence of a crime

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