Test 3. Search Warrants Flashcards

1
Q

§ 17-5-20

Requirements for issuance of search warrant generally

A

Only a certififed peace officer in the course of official duty may apply for a search warrant

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2
Q

According to § 17-5-21:

Grounds for issuance of search warrant; scope of search pursuant to search warrant; issuance by retired judge or judge emeritus

what are grounds for a search warrant?

A

Written compliant of any certified peace officer which states facts show sufficient probable cause

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3
Q

According to § 17-5-21:

Grounds for issuance of search warrant; scope of search pursuant to search warrant; issuance by retired judge or judge emeritus

who may issue a search warrant?

A

Any judicial officer authorized to hold court of inquiry to examine into an arrest of an offender against penal laws

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4
Q

Judges derive their authority from the _________ they serve.

A

area

  1. City
  2. County
  3. Circuit
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5
Q

Judicial officer must remain ___________ and _____________.

A
  1. neutral
  2. detached
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6
Q

The magistrate’s duty is to determine whether _____________ _____________ exists to issue a search warrant.

A

probable cause

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7
Q

What is the standard of proof for issuance of a search warrant?

A

Probable cause

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8
Q

Probable cause to search means that it is ________ _______________ that not that contraband or evidence of a crime will be found in a particular place.

A

fair probability

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9
Q

Probable cause may be developed through the following means:

A
  1. Personal observation
  2. Investigation
  3. Victims of crime
  4. WItnesses
  5. Informants
  6. Concerned Citizens
  7. Anonymous Tipster
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