State Search Warrant Flashcards
Definition: A sworn statement verified by oath or affirmation.
Affidavit
Definition: Items or property that are illegal to possess or transport.
Contraband
Definition: The results of a criminal act. It is the material objects acquired in consequence of commission of a crime.
Fruits of Crime
Definition: Anything commonly used for criminal purposes and possessed by a person under circumstances not manifestly appropriate for lawful uses it may have.
Instruments of Crime
Definition: Written order of a court commanding the search of a person, place, or thing and the seizure, or photographing or copying, of property found thereon or therein.
Search Warrant
A search warrant may be issued by a court upon the showing of _______ _______ and upon meeting certain other conditions.
Probably Cause
Obtaining a search warrant requires a sworn member or prosecuting attorney to submit to a court a written ______ including an ________.
Application / Affidavit
The warrant request must include what three (3) things?
- The address and a physical description of the premises
- Items to be searched for
- The Probable Cause for the warrant
Warrant applications and affidavits prepared by a sworn member must be reviewed by a _________ _______ prior to submission to a court.
Prosecuting Attorney
When a sworn member believes probable cause exists for the application of a search warrant, consent must be obtained from an element ________/_________ before contacting the applicable investigating element.
Supervisor/Commander
The Sworn Member-in-Charge of executing the search warrant will ensure the ________ and _________ of the place to be searched reflected on the warrant matches the current location.
Address / Description
The Sworn Member-in-Charge of executing the search warrant will ensure that the warrant is signed by a ________.
Judge
The Sworn Member-in-Charge of executing the search warrant will determine the _________ of _________ required to effectively execute the warrant.
Number of Personnel
The Sworn Member-in-Charge of executing the search warrant will identify _______ _______ where the public could be exposed to danger.
Problem Areas
A search warrant must be executed as soon as ________, and shall expire if it is not executed and the return made within _______ days.
Practical / Ten (10)
Searches for, and seizures of property will be conducted in a manner which is in compliance with all __________ and _________ legal requirements to ensure the admissibility of evidence in a court of law.
Federal and State
The U.S. Supreme Court rules that search warrant and arrest warrant entries must be preceded by a _______ and an _________.
Knock and Announcement
There are no ___________ ___________ to the knock and announce rule.
Blanket Exceptions
True/False: Sworn members may generally ask questions of a detained person during an execution of a search warrant without the need for reasonable suspicion.
True
A _______ may authorize a “No-Knock: entry warrant.
Judge
When a warrant application establishes that some __________ _________ exists or that knocking would be futile, a judge may authorize a “no-knock” entry at the time the warrant is issued.
Exigent Circumstances
After entry has been gained, entry personnel will conduct a ________ _________ to ensure that all persons present are brought under control.
Protective Sweep
When executing a search warrant, be aware of the ________ ________, which is a rule that any evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial and a technical error in a search warrant made in good faith will not cause exclusion of the evidence obtained under that warrant.
Exclusionary Rule
The Return/Receipt for Search Warrant, Form 264 P.D. of seized property shall be delivered to the prosecutor’s office in the county where the property was seized within _____ working days.
Two (2)
