Test 3. Search Warrants Flashcards
§ 17-5-20
Requirements for issuance of search warrant generally
Only a certififed peace officer in the course of official duty may apply for a search warrant
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?
Written compliant of any certified peace officer which states facts show sufficient probable cause
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?
Any judicial officer authorized to hold court of inquiry to examine into an arrest of an offender against penal laws
Judges derive their authority from the _________ they serve.
area
- City
- County
- Circuit
Judicial officer must remain ___________ and _____________.
- neutral
- detached
The magistrate’s duty is to determine whether _____________ _____________ exists to issue a search warrant.
probable cause
What is the standard of proof for issuance of a search warrant?
Probable cause
Probable cause to search means that it is ________ _______________ that not that contraband or evidence of a crime will be found in a particular place.
fair probability
Probable cause may be developed through the following means:
- Personal observation
- Investigation
- Victims of crime
- WItnesses
- Informants
- Concerned Citizens
- Anonymous Tipster