Warrant & Probable Cause

Question 1

Johnso(opium)n v US

Answer 1

Facts: Officers told by CI that there were people smoking opium at a hotel. Officers demanded entry and didn’t have a WARRANT, said it would take to much time

Holding: Unconstitutional, need magistrates to determine probable cause, NOT officers. Needed warrant

Question 2

Why should we have a neutral magistrate determine PC

Answer 2

we can’t trust officers because they are engaged in competition of ferreting out crime

Question 3

A magistrate must be ________ and _______

Answer 3

neutral & detached

Question 4

Spinelli(informant) v US

Answer 4

Facts: FBI informed by CI that was reliable that D was running an operation out of his apt with other info….

Holding: Not enough information in the affidavit and need to know more about the informant. Tip Needed further support

Question 5

Aguilar-Spinelli 2 prong test

Answer 5

1. Is the informant reliable
2. Is the information reliable

Question 6

Who is a reliable informant

Answer 6

1. Police officers
2. law abiding citizens
3. Criminals with a good track record of reliable information
4. Criminals who make a statement against their own interest

Question 7

What makes information reliable?

Answer 7

1. if informant makes direct statement of personal knowledge
2. a statement with a wealth of detail

Question 8

How can anonymous informants tip satisfy Spinelli test

Answer 8

substantial Police corroboration of suspicious facts

Question 9

Draper v US

Answer 9

Facts: informant didn’t say how he got his info, but gave a detailed statement and D. Police corroborated this information

Holding: Constitutional, because police were able to corroborate the details

Question 10

Illinois v Gates - Overrules Spinelli

Answer 10

Facts: police got an anonymous letter about this couple who travel to FL to get drugs

Holding: PC was here, letter was corroborated by detective

Question 11

What is Probable Cause

Answer 11

FAIR probability that evidence of a crime will be found in a particular place (Search)

FAIR probability that the person has committed a crime (arrest)

Question 12

Gates Test - For informant tips

Answer 12

1. Makes it easier for cops to get warrants when one prong is deficient
   Totality of the Circumstances test - Common sense test; If there is a fair probability = then there is PC

Question 13

What do warrants guard against?

Answer 13

Arbitrary searches and seizures; prevents excessive govt intrusions

Question 14

T or F: If there is PC under Spinelli is there PC under Gates

Answer 14

Yes: Judges tend to go through Spinelli test first, then if No, try the Gates test

Question 15

T or F: Is the PC test for Gates a lower standard than Spinelli?

Answer 15

Yes

Question 16

Under Gates, if information on its own is insufficient, how can it be save?

Answer 16

Just some sort of police corroboration

Question 17

Massachusetts v Upton

Answer 17

Facts: Girlfriend had facts about her boyfriends illegal activity. She didn’t want to identify herself but gave information for the police to corroborate, in which they went to boyfriends house and saw she was right

Holding: PC was found …. The tip + corroboration was enough

Question 18

US v Valez

Answer 18

Facts: D was arrested and searched even though he was not the target. Police gave a description and he fit it (mexican, black jacket, gray pants, etc).

Holding: PC, mistakes of fact are okay and description wasn’t overly general

Question 19

Are mistakes of Facts okay?

Answer 19

Yes

Question 20

Maryland v Pringle

Answer 20

Facts: Driver pulled over a car for speeding and got consent to search car and found drugs. 3 passengers all denied the drugs, officer arrested ALL of them

Holding: PC to arrest all 3

Question 21

Can dog sniffs establish PC?

Answer 21

Yes; need to look at the dogs training and record history

Counter: The dogs training, credentials, etc are not up to standard

Question 22

Zurcher v Stanford Daily Newspaper

Answer 22

Facts: Cops had a warrant to search Newspaper office, because they believed they had photos of the protestors. None of the staff members were part of the protest.

Holding: Searching of a 3rd party is constitutional. Only need to ask if there was probable cause to believe that evidence of a crime will be found in the place to be searched

Question 23

May an warrant be issued to search the premises of a non-suspect, if there is PC to believe evidence will be there? (3rd Party search)

Answer 23

Yes

Question 24

Are 3rd party searches involving risk medical procedures deemed reasonable?

Answer 24

No

Question 25

What is required in a warrant?

Answer 25

The particular place to be searched and/or persons and things to be seized

Must describe the person to be arrested in sufficient detail

Question 26

Moore v US (Place to be Searched)

Answer 26

Facts: Cops got warrant for one 3rd floor apartment, but there were 2. The cops searched the wrong one

Holding: Not unconstitutional, courts deemed this to be reasonable

Question 27

Andersen v Maryland (Things to be seized)

Answer 27

Facts: Police got search warrant to search a law office and this separate office. Warrant sought permission to search for specified documents. D argued that the Catchall phrase made it a general warrant.

Holding: Not unconstitutional, Catchall phrase , when read with the list of items, limited it to things relating to that specific crime

Question 28

What is a counter-argument for a catchall phrase at the end of a warrant?

Answer 28

Like the dissent in Andersen v Maryland, it can make the warrant a general one.

Question 29

Does a magistrate need legal training in order to issue a warrant?

Answer 29

No; they just need to be neutral and detached and be competent (Shadwick)

Question 30

A magistrate must be __________ and ________

Answer 30

Neutral and Detached

Question 31

A magistrate (does/doesn’t) lose her neutral status when they assist in a search

Answer 31

Does

Question 32

Must a magistrate give reasons for finding PC or rejecting a warrant application?

Answer 32

No