Searches & Seizures WITH Warrants Flashcards
What 4 questions must you ask when determining whether a search warrant satisfies 4th A requirements?
1- was it issued by a neutral and detached magistrate?
2- is the warrant supported by probable cause and particularity?
3- If not, did the police officers rely on a defective warrant in good faith? (MBE ONLY, NY REJECTS GOOD FAITH)
4- Was the warrant properly executed by the police?
When is a magistrate NOT neutral and detached?
When her conduct demonstrates bias in favor of the prosecution.
Probable Cause
- requires proof of a fair probability that contraband or evidence of crime will be found in the area searched
- hearsay is admissible for this purpose
- police may (under certain circs) rely on informants tips, even if anonymous
When may police rely on information obtained through an anonymous informant in order to establish probable cause?
Note: MBE & NY differ
MBE- The sufficiency of an anonymous informant’s tip rests on corroboration by the police of enough of the tipster’s information to allow the magistrate to make a “common sense, practical determination” that probable cause exists based on a totality of the circs.
NY- uses the stricter Aguilar-Spinelli Test– The gov’t must establish two things when applying for a search warrant: (1) the informant’s voracity or reliability; AND (2) his or her basis of knowledge. When the informer has not revealed his or her basis of knowledge, probable cause may be est. through police observation that confirms sufficient detail suggestive of, or directly related to, the criminal activity in question.
How does a search warrant satisfy the particularity requirement?
By specifying-
(1) the place to be searched; AND
(2) the items to be seized
Does an officer’s good faith save a defective search warrant?
MBE– yes unless one of 4 exceptions to the good faith doctrine applies
NY– NO, NEVER IN NY
4 Exceptions to the Good Faith Doctrine . . .
1- Affidavit supporting the warrant application is so EGREGIOUSLY lacking in probably cause that NO REASONABLE OFFICER would have relied on it (ex- bare bones affidavit saying the police have info from a CI who is known to them and has provided reliable info in the past)
2- Warrant is so FACIALLY DEFICIENT IN PARTICULARITY that officers could not reasonably presume it to be valid
3- Affidavit relied upon by the magistrate contains KNOWING OR RECKLESS FALSEHOODS that are NECESSARY to the probable cause finding.
4- The magistrate who issued the warrant is biased in favor of the prosecution.
Two Important aspect to whether the warrant was properly executed . . .
1- whether the officers complied w/ its terms & limits (areas and items)
2- whether the officers complied w/ knock and announce
Knock & Announce Rule
Requires police to knock and announce their PRESENCE & PURPOSE before forcibly entering the place to be searched UNLESS the officer reasonably believes that doing so would be FUTILE or DANGEROUS or WOULD INHIBIT THE INVESTIGATION.
