Searches Flashcards
Defendant was arrested following the execution of a search warrant at his business. A search of a safe at the business revealed what appeared to be illegal controlled substances, $95,000 in cash, and a switchblade knife. All of those items were seized and Defendant has been charged with possession with intent to deliver Methamphetamine in an amount between 4 and 200 grams and possession of a prohibited weapon. As you prepare your case for trial, you review the affidavit for the search warrant. What three facts must the affidavit set forth to establish probable cause?
To establish probable cause for the issuance of a search warrant, the affidavit should contain facts that show: 1) that a specific offense has been committed; 2) that the specifically described property or items that are to be searched for constitute evidence of that offense; and 3) that the property to be searched is located at a particularly described place.
You conclude that the search warrant is defective. What motion should you file to contest the validity of the search? What must the motion allege and what remedy should you seek? Explain fully.
File a motion to suppress seeking to exclude the fruits of the search. It should be app edged that the affidavit’s contents are insufficient under the TCCP or that the affidavit did not establish probable cause.
Someone broke into Aaron’s home in Houston, Texas, and stole Aaron’s big screen TV. When Aaron discovered the crime, he phoned the Houston Police Department and reported the crime to Detective Don. Based on his investigation, Detective Don had probable cause to believe that Ike had committed the crime. Detective Don then hastily obtained a warrant authorizing the search of Ike’s apartment and the arrest of Ike. When Detective Don went to Ike’s apartment, knocked on the front door, and announced that he had a warrant to search the apartment and arrest Ike, Ike yelled: “Go away. I ain’t opening the door.” Detective Don broke down the door, arrested Ike, and found Aaron’s big screen TV in Ike’s apartment.
Ike was charged with the felony of burglary of a habitation, and the Court has appointed you to represent him. You interview Ike, and he swears that he is innocent and that his roommate, George. Must have committed the crime. Ike also informs you that George has a prior felony conviction for burglary of a habitation for which he is presently on probation.
Was Detective Don required by law to obtain one warrant authorizing the search of Ike’s apartment and a separate warrant authorizing the arrest of Ike? Explain fully.
No. Detective Don did not need to obtain two different warrants. He could obtain a combination search and arrest warrant.
Someone broke into Aaron’s home in Houston, Texas, and stole Aaron’s big screen TV. When Aaron discovered the crime, he phoned the Houston Police Department and reported the crime to Detective Don. Based on his investigation, Detective Don had probable cause to believe that Ike had committed the crime. Detective Don then hastily obtained a warrant authorizing the search of Ike’s apartment and the arrest of Ike. When Detective Don went to Ike’s apartment, knocked on the front door, and announced that he had a warrant to search the apartment and arrest Ike, Ike yelled: “Go away. I ain’t opening the door.” Detective Don broke down the door, arrested Ike, and found Aaron’s big screen TV in Ike’s apartment.
Ike was charged with the felony of burglary of a habitation, and the Court has appointed you to represent him. You interview Ike, and he swears that he is innocent and that his roommate, George. Must have committed the crime. Ike also informs you that George has a prior felony conviction for burglary of a habitation for which he is presently on probation.
Did Detective Don have the authority to break down Ike’s door in order to enter the apartment? Explain fully.
Yes. “Knock and announce” rules are constitutional. Detective Don had already given Ike notice, and Ike had refused entry. Under these circumstances, Detective Don was justified in breaking down the door to execute the arrest and search warrant.
What four things must a search warrant contain?
A search warrant must contain: 1) a specification of the person, place, or thing to be searched; 2) a specification of the items to be searched for and seized; 3) signature of the issuing magistrate; and 4) the date and hour it was issued.
