Study Guide from Outline

Question 1

What are Grounds for Issuance of a search warrant?

Answer 1

A search warrant may be issued to search for and seize:

• Contraband or illegal goods
• Fruits of crime or things obtained from the crime
• Instrumentalities or things used to commit a crime
• People through arrest
• Mere Evidence: “ property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense”
• Only specific items listed in an evidentiary search may be seized (prevents from becoming general warrant)

Question 2

When shall a peace officer execute warrants?

Answer 2

1) A peace officer to whom a search warrant is delivered SHALL execute the warrant without delay and forthwith return the warrant to the proper magistrate.
• Must be executed within 3 days from time of issuance (or shorter period if so directed by magistrate
o No later than 10 days for pen registers, trap and trace devices.
o 15 days for saliva or blood or other specimins
• If officers fail to execute in a timely fashion, the warrant becomes INVALID
• Violation of the other 3 requirements of executing a search warrant DO NOT generally render the search void UNLESS AND CAN SHOW PREJUDICE

Question 3

How do warrant officers execute warrants?

Answer 3

When executing the warrant officers should announce their presence and give residents an opportunity to open the door (Knock and announce rule)
• However, they are NOT required to knock and announce if there is threat of physical violence, or the announcement would be futile
• This rule can be waived by a magistrate who is persuaded entry is dangerous, must accomplish by surprise or exigent circumstances are involved
• NOTE: Texas courts have not found a violation of this rule necessitates the suppression of the seized evidence

Question 4

Fruit of the Poisonous Tree:

Answer 4

Where seizure of evidence was unlawful, and led to discovery of more evidence, D may argue that the subsequently seized evidence is fruit of a poisonous tree.

• Includes not just tangible evidence, but arrests, oral statements and witnesses.
• Applies to 4th amendment violations NOT MIRANDA

Question 5

What happens when there are errors on a warrant?

Answer 5

• A warrant writer may inadvertently type the wrong date, address, etc.
• D may raise a legal challenge that seeks to invalidate the warrant
• Typically, courts will look behind the warrant to examine the error and why it happened
• Courts are generally gracious about these errors, but the state ust call witnesses to testify in a suppression hearing about the mistake; when the State fails to explain the error is merely typographical, the warrant may be deemed invalid